1. Acceptance
These Terms of Use govern your access to and use of www.elementia.art (the "Site"). By accessing or using the Site you agree to be bound by these Terms. If you do not agree, do not access or use the Site.
The Site is operated by Elementia Sound Inc., a company incorporated under the Business Corporations Act (British Columbia), which carries on business under the name ELEMENTIA™, or by any successor to which the operation of the business is transferred from time to time. In these Terms, "we", "us", and "our" mean the operator for the time being. Any such successor assumes these Terms from the date of transfer, and no transfer affects the ownership of the artistic work, which is dealt with in section 6. Contact: studio@elementia.art. Postal address for the service of formal notices: Elementia Sound Inc., 1401-2992 Glen Drive, Coquitlam, British Columbia V3B 0V2, Canada.
We may modify these Terms at any time without notice. The date above shows when they were last changed. The version posted at the time of your use governs that use, and your continued use constitutes acceptance. You should review this page before each use.
Capacity. By using the Site you represent that you have reached the age of majority in your jurisdiction of residence and have the legal capacity to enter into these Terms.
Accuracy of what you tell us. You represent that any information you provide to us is true, accurate, current, and complete, and that you are entitled to provide it.
Electronic communications. You consent to receive communications from us electronically and agree that they satisfy any legal requirement that a communication be in writing.
These Terms contain provisions that disclaim warranties, limit our liability, require you to indemnify us, and restrict where and when a claim may be brought. Please read sections 12, 13, 14, and 17 carefully before using the Site.
2. Directed at Canada
The Site is operated from British Columbia and is intended for users in Canada. Nothing on the Site is an offer or solicitation in any jurisdiction where such an offer or solicitation would be unlawful, or to any person to whom it would be unlawful to make it. We make no representation that the Site or its content is appropriate, available, or lawful outside Canada. If you access the Site from elsewhere you do so on your own initiative and are responsible for compliance with local law.
3. Information only, no offer, no reliance
All content on the Site is provided for general information. Nothing on the Site constitutes an offer capable of acceptance, an invitation to treat, a representation, a warranty, a condition, a collateral agreement, or a contractual term of any kind, and nothing on it creates any obligation on us.
Engagements are arranged individually and are governed exclusively by a separate written agreement. No engagement exists, and no obligation of any kind arises, unless and until such an agreement is executed by both parties and any deposit required by it has been received and cleared. Correspondence with the studio, including any indication of availability, interest, terms, or price, is without prejudice and does not create an agreement or any legitimate expectation.
We accept a limited number of engagements. We are under no obligation to accept any enquiry, to give reasons for declining, or to respond at all.
Descriptions on the Site of how a ceremony is made and how an evening is held are descriptions of practice. They are not descriptions of, representations about, or promises concerning any particular occasion. Each ceremony is composed once and is not repeated. No two are alike, and none is capable of being reproduced.
You agree that you have not relied, and will not rely, on any statement on the Site in entering into any agreement with us. Any agreement between us is governed solely by its own written terms.
4. No advice of any kind
Nothing on the Site constitutes medical, psychological, therapeutic, health, legal, financial, tax, or professional advice of any kind, and nothing on it should be relied upon as such. No professional relationship of any kind is created by your use of the Site or by any correspondence with the studio prior to a signed agreement.
5. No health, medical, or therapeutic service
ELEMENTIA™ is an artistic and performance practice. It is not, and nothing on the Site should be construed as offering, medical care, psychiatric or psychological care, psychotherapy, counselling, diagnosis, assessment, treatment, rehabilitation, healing, or any other health service, and it is not a substitute for any of them.
No person associated with ELEMENTIA is licensed or registered as a health professional in respect of this practice, and no such person holds themselves out as one.
No result, benefit, outcome, or effect of any kind is promised, claimed, represented, warranted, or implied, whether physical, psychological, emotional, spiritual, or otherwise. Individual experience varies and is not predictable.
Nothing on the Site should be relied upon in place of advice from a qualified professional. If you have or suspect any medical or psychological condition, if you are under professional care, if you are pregnant, or if you have any concern whatever about attending, consult your own qualified practitioner before doing so. Never disregard, avoid, or delay obtaining professional advice because of anything on the Site.
6. Ownership of the work
All artistic activity carried on under the name ELEMENTIA™, and all artistic work arising from it, is the property of Olena (Elena) Pomazanova.
This includes, without limitation, every sound recording and every musical work, whether released, unreleased, or performed live; the composition, arrangement, and improvisation embodied in each; all spoken texts, titles, and written material; the album The Spiral and each of its phases; all artwork, design, and the visual identity; and all rights of every kind subsisting in them anywhere in the world, present and future, together with all rights to authorise or prohibit their use.
Ownership is personal and does not depend on the name under which the work is presented or the business is carried on. ELEMENTIA™ is a trademark and a professional name under which artistic activity is carried on. Elementia Sound Inc. operates the business only. It does not own the artistic work. Any right the company holds in the work is held under licence from Olena (Elena) Pomazanova, is limited to the terms of that licence, and reverts on its termination. The same applies to any other entity that may at any time be incorporated, registered, named, renamed, amalgamated, sold, or dissolved in connection with this practice. The formation, naming, reorganisation, sale, or winding up of any entity does not transfer, assign, dilute, or extinguish ownership, and nothing on this Site is to be read as effecting a transfer of any kind.
All rights are reserved. No licence, assignment, or permission of any kind is granted by the display of any work on this Site, by its availability on any streaming service, by its performance in any room, or by any dealing between us, except by an express written instrument signed by Olena (Elena) Pomazanova or issued by Elementia Sound Inc. under her authority. Nothing is granted by implication, acquiescence, estoppel, course of dealing, or usage of trade.
Moral rights in the work, including the right of attribution and the right of integrity, are asserted and are not waived.
No recording of any kind. No audio recording, video recording, live transmission, or photography of any ceremony is permitted, whether for private or any other purpose, except with prior written permission. Any recording made in breach of this term is unauthorised, confers no right of any kind on the person who made it, and may not be reproduced, published, transmitted, sold, or otherwise exploited. All rights in any such recording, so far as capable of vesting, vest in Olena (Elena) Pomazanova, and we reserve every remedy available in respect of it.
7. Trademark and other intellectual property
ELEMENTIA™ is a trademark of Olena (Elena) Pomazanova and is the subject of Canadian trademark application number 2483359. The trademark symbol denotes a claim of rights in an unregistered mark and does not indicate registration. The name, the wordmark, the element symbols, the seal, and the visual identity may not be used, imitated, diluted, or registered by any person without her prior written permission.
All content on the Site, including sound recordings, musical works, photographs, artwork, text, layout, structure, and code, is owned by Olena (Elena) Pomazanova, or by the operator, or used under licence, and is protected by the Copyright Act (Canada) and by international convention. All rights are reserved.
You may view the Site and share links to it for personal, non commercial purposes. You may not copy, reproduce, download, cache beyond ordinary browser operation, scrape, index for commercial purposes, republish, distribute, transmit, broadcast, adapt, translate, reverse engineer, create derivative works from, or otherwise exploit any part of the Site or its content, in any medium now known or later devised, without our prior written permission.
You may not use the Site or any of its content to train, fine tune, evaluate, benchmark, or otherwise develop any machine learning model, artificial intelligence system, or dataset. No such use is permitted, and no such use is or will be implied from the availability of the Site.
Photographs are the work of the photographers who created them and appear under licence to Olena (Elena) Pomazanova. They may not be extracted, cropped, edited, filtered, or reused for any purpose.
Sound recordings are made available for listening through the streaming services linked from the Site, subject to those services' own terms. Nothing on the Site grants any licence to reproduce, distribute, broadcast, communicate to the public, synchronise, sample, remix, or publicly perform any recording. Licensing enquiries are welcome through the studio.
We reserve all rights not expressly granted. No right is granted by implication, estoppel, or otherwise.
8. Claims of infringement
If you believe content on the Site infringes your copyright, write to studio@elementia.art with sufficient particulars to identify the work, the content complained of, and your interest in it. We will consider the notice in accordance with the Copyright Act (Canada). Consideration of a notice is not an admission of any kind.
9. Prohibited conduct
You agree not to:
a. use the Site in violation of any applicable law;
b. attempt to gain unauthorised access to the Site, its servers, or any related system or network;
c. interfere with, disrupt, or place undue load on the Site, or with any other person's use of it;
d. use any automated means, including robots, spiders, scrapers, or crawlers, to access, monitor, index, or copy the Site or its content;
e. circumvent, disable, or interfere with any technical or security measure we employ;
f. impersonate any person or misrepresent your affiliation with any person;
g. collect or harvest information about other users; or
h. use the Site or its content to develop any competing product or service.
We may investigate and take any action we consider appropriate, including denial of access and referral to law enforcement.
Termination. We may terminate or suspend your access to the Site at any time, for any reason or for no reason, without notice and without liability. Termination does not affect any right or obligation that has accrued, and the provisions identified in section 18 as surviving continue in force.
10. Unsolicited submissions
We do not accept or consider unsolicited creative material, proposals, concepts, or ideas. Any material you send us, other than personal information necessary to an enquiry, is deemed non confidential and non proprietary, and you grant us a perpetual, irrevocable, worldwide, royalty free, sub-licensable licence to use, reproduce, adapt, and exploit it in any medium without obligation, attribution, or compensation. Do not send us anything you wish to keep confidential or in which you claim any right.
11. Availability
We do not warrant that the Site will be available, uninterrupted, timely, secure, complete, current, or free of error or of harmful components, or that any defect will be corrected. We may change, suspend, restrict, withdraw, or discontinue the Site or any part of it at any time, with or without notice, and we are not liable to you or to any third party for doing so.
12. Disclaimer of warranties
The Site and all of its content are provided "as is" and "as available", without warranty, representation, condition, or term of any kind.
To the fullest extent permitted by applicable law we disclaim all representations, warranties, conditions, and terms, whether express, implied, statutory, collateral, or arising by course of dealing, usage of trade, or otherwise, including any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non infringement, accuracy, completeness, currency, availability, security, or quiet enjoyment.
We make no representation that content on the Site is accurate, complete, current, reliable, or suitable for any purpose. Any reliance on it is at your sole risk.
13. Limitation of liability
To the fullest extent permitted by applicable law, in no event will we, or any of our officers, directors, employees, contractors, agents, licensors, suppliers, or service providers, be liable for any damages whatever, whether direct, indirect, incidental, special, consequential, exemplary, punitive, or aggravated, or for any loss of profit, revenue, business, opportunity, goodwill, reputation, data, use, or anticipated saving, arising out of or in connection with the Site, its content, its unavailability, or these Terms, whether in contract, tort including negligence, breach of statutory duty, strict liability, or otherwise, and whether or not we were advised of the possibility of such damages.
To the fullest extent permitted by applicable law, our aggregate liability arising out of or in connection with the Site, its content, and these Terms, from all causes of action and under all theories of liability, is limited to the total amount, if any, you have paid to us for access to the Site. Access to the Site is provided free of charge, and that amount is accordingly nil.
These limitations are a fundamental basis of the bargain between us, are reflected in the fact that access is provided without charge, and apply even if a limited remedy is found to have failed of its essential purpose.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including under the Business Practices and Consumer Protection Act (British Columbia), and including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence. Certain jurisdictions do not permit the exclusion of implied warranties or the limitation of certain damages, and in those jurisdictions the exclusions and limitations above apply only so far as permitted.
This section does not apply to attendance at a ceremony. Attendance is governed exclusively by the separate written agreement, waiver, and release applicable to that engagement.
14. Indemnity
You agree to indemnify, defend, and hold harmless the operator and its officers, directors, employees, contractors, agents, licensors, and service providers from and against all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses, including legal fees on a solicitor and own client basis, arising out of or in connection with your use of the Site, your breach of these Terms, or your violation of any law or of the rights of any third party. We reserve the right to assume the exclusive defence of any matter subject to indemnity, at your expense, and you agree to cooperate.
15. Third party links and services
The Site links to third party websites and services. We do not control, endorse, monitor, verify, or assume responsibility for them, their content, their availability, their security, or their practices. Your dealings with any third party are solely between you and that third party.
16. Privacy
Our handling of personal information is described in our Privacy Policy, which is incorporated into and forms part of these Terms.
17. Governing law, jurisdiction, and limitation period
These Terms, and any dispute arising out of or in connection with them, the Site, or its content, whether contractual or non contractual, are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable in that province, without regard to conflict of laws principles.
You irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of British Columbia, sitting in Vancouver, and waive any objection to venue and any plea of forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any claim arising out of or in connection with the Site or these Terms must be commenced within one year after the cause of action arises, or within such longer period as applicable law requires notwithstanding this provision, failing which it is permanently barred.
18. General
Severability. If any provision is held invalid, illegal, or unenforceable, it is severed or read down to the minimum extent necessary and the remaining provisions continue in full force.
No waiver. No failure or delay in enforcing any provision is a waiver of it or of any other provision. No waiver is effective unless in writing and signed by us.
Assignment. You may not assign or transfer these Terms or any right under them. We may assign them, in whole or in part, to any company to which the operation of the business is transferred or to any successor of the business, without notice or consent.
No agency. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between us.
Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us in respect of the Site, and supersede all prior and contemporaneous communications, representations, and understandings, whether oral or written.
Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control.
Survival. Sections 3, 4, 5, 6, 7, 10, 12, 13, 14, 16, 17, and 18 survive any termination of your use of or access to the Site, however arising.
Cumulative remedies. Our rights and remedies are cumulative and not exclusive of any other right or remedy at law or in equity.
Language. These Terms are drawn in English. Les parties ont exigé que le présent document soit rédigé en anglais.
Headings and interpretation. Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and the converse. "Including" means including without limitation. These Terms are not to be construed against us on the ground that we drafted them.
Notices. Notices to us must be in writing and sent to studio@elementia.art, and are effective on acknowledged receipt. Notices to you may be given by email to the address you have given us, or by posting on the Site, and are effective when sent or posted.
Third parties. Our officers, directors, employees, contractors, agents, licensors, and service providers may rely on and enforce the provisions of these Terms that are expressed for their benefit. No other person has any right under these Terms.
Independent advice. You acknowledge that you have had the opportunity to obtain independent legal advice on these Terms and have either done so or chosen not to.
Currency. All amounts referred to are in Canadian dollars unless expressly stated otherwise.
Further assurances. Nothing in these Terms limits any right or remedy available to us at law or in equity, and we reserve all of them.
19. Contact
Elementia Sound Inc.
1401-2992 Glen Drive
Coquitlam, British Columbia V3B 0V2
Canada
studio@elementia.art
Read Terms of Use on its own page