Privacy Policy Table of Contents:
- Information We Collect
- How We Use & Share the Information Collected
- Cookies and Preference Based Advertising
- Other Uses & Information
- Public Forums
- Children
- Keeping Your Information Secure
- Other Sites/Links
- Contact & Opt-Out Information
- Sole Statement
CanadaSound Site Terms of Use:
Privacy Policy
Effective: July 1, 2016
Welcome to canadasound.ca (“CanadaSound™“), an interactive online service operated by CanadaSound Inc. and its subsidiaries (“us”, “we”, or “our”). Please read the following to learn more about our Privacy Policy.
We respect your privacy and are committed to protecting personally identifiable information you may provide us through our Website. We have adopted this Privacy Policy (“Privacy Policy”) to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through our Website and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms of Use posted on our Website, sets forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.
We generally keep this Privacy Policy posted on our Website and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE. If, at any point, we decide to use your personally identifiable information in a manner materially different than what was stated at the time it was collected, we will notify you of this change by e-mail to the last e-mail address provided to us. You will have a choice as to whether or not we use your information in this different manner. We will use information in accordance with the Privacy Policy under which your information was collected if you opt out or do not opt-in (as applicable) to the new policy.
A. INFORMATION WE COLLECT
Our Website typically collects two kinds of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, but that we automatically collect when you visit our Website or that you provide us.
(1) Personally Identifiable Information: Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mailing address, email address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you visit our Website. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion or some other aspect of our Website. For instance, you may: (a) provide your name, mail/shipping address, email address, and phone number when registering with our Website or in connection with a promotional event such as the “Canada Sound” project; (b) provide certain demographic information about you (e.g., age, gender, occupation, usage frequency, etc.) when participating in a survey, poll or joining a mailing list or other group; or (c) post a general comment and/or recommendation on our Website. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content on our Website.
(2) Non-Personal Information: Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personal information from you when you access our Website. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, etc.), the domain name of your Internet service provider, the search terms you use on our Website, the specific web pages you visit, and the duration of your visits.
B. HOW WE USE & SHARE THE INFORMATION COLLECTED
(1) Personally Identifiable Information: The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as your continued involvement in projects such as Canada Sound, or to communicate with you about content or other information you have posted or shared with us via our Website. At the time of collection of your personally identifiable information, or as otherwise set forth below, you may opt-in to receive future promotional information from us or our affiliated companies. If you have opted-in to such communications, you may opt-out at any time as described in Section I below.
In certain instances we may also share your personally identifiable information with our third party vendors performing functions on our behalf (or on behalf of our affiliated companies), e.g. vendors that administer our promotions, provide us marketing or promotional assistance, analyze our data, assist us with customer service, etc. Our vendors agree to use this information, and we share information with them, only to carry out our requests. In addition, we may share your personally identifiable information with participating sponsors to a program or promotion (such as Canada Sound) you enter via our Website, and with third parties who assist us in using the content or other information you have posted or shared with us via our Website (e.g., production companies we may use).
Further, you may have the opportunity to opt-in to allow us to share your personally identifiable information with third parties such as our co-promotional partners and others with whom we have marketing or other relationships. Except as provided in this Privacy Policy, our Terms of Use, or as set forth when you submit the information, your personally identifiable information will not be shared or sold to any third parties without your prior approval.
(2) Non-Personal Information: We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify you.
C. COOKIES AND PREFERENCE BASED ADVERTISING
(1) Cookies and Web Beacons: We automatically receive and store certain types of non-personally identifiable information whenever you interact with us. For example, like many websites, we use “cookies” and “web beacons” (also called “clear gifs” or “pixel tags”) to obtain certain types of information when your web browser accesses our Website. “Cookies” are small files that we transfer to your computer’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you. “Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.
Examples of the information we collect and analyze in this manner include the Internet Protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your activities our Website, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our Website or not); and cookie number. It is important to note that the cookies and Web beacons that we use do not contain and are not tied to personally identifiable information about you.
If you are concerned about the storage and use of cookies, you may be able to direct your internet browser to notify you and seek approval whenever a cookie is being sent to your web browser or hard drive. You may also delete a cookie manually from your hard drive through your internet browser or other programs. Please note, however, that some parts of our Website will not function properly or be available to you if you refuse to accept a cookie or choose to disable the acceptance of cookies.
D. OTHER USES & INFORMATION
(1) IP Addresses: An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address. When visitors request pages from our Website, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Website. IP addresses are considered non-personal information and may also be shared as provided above. It is not our practice to link IP addresses to anything personally identifiable; that is, the visitor’s session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor when we feel it is necessary to enforce compliance with our Website rules or to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website’s users or the general public.
(2) Email Communications: If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social insurance numbers, or bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of all emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.
(3) Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personal information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
(4) Other: Notwithstanding anything herein to the contrary, we reserve the right to disclose any personally identifiable or non-personal information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) in an emergency to protect the health and safety of our Website’s users or the general public.
(5) Storage of Information in the United States: Our Website is maintained in Canada, although personally identifiable information may be shared with entities in the United States, in accordance with this Privacy Policy. You understand that the data protection laws in the United States differ from those in Canada. By using the Website, participating in any activities on the Website, and/or providing us with your personally identifiable information, you consent to the collection, transfer and processing of your personally identifiable information to and from both the United States and Canada and agree that your personally identifiable information may be subject to access requests from governments, courts or law enforcement in the United States according to the laws of the United States.
E. PUBLIC FORUMS
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Website can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.
F. CHILDREN
Children twelve years of age and under are permitted to participate in the Website and in various promotions we may offer in accordance with the specific terms of use or rules for such promotions. Personal information collected in such circumstances will be collected solely for such purpose and will not be retained after delivery of the prizes and/or closing of the contest, as relevant. Children will not generally be permitted to participate in a promotion unless the child’s parent or legal guardian has expressly consented to the collection of that child’s personal information as aforesaid. If you are a parent or legal guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us without your consent please contact us as provided in Section I below. A parent or legal guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof.
G. KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
H. OTHER SITES/LINKS
Our Website may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Website and to read the privacy statements of all third party websites before submitting any personally identifiable information.
I. CONTACT & OPT-OUT INFORMATION
You may contact us as provided below if you: (a) have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others.
Email: canadasound@gmail.com
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.
J. SOLE STATEMENT
This Privacy Policy as posted on this Website is the sole statement of our privacy policy with respect to this Website, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless posted to the Website by us.
CanadaSound Site Terms of Use
1. INTRODUCTION AND ACCEPTANCE
Welcome to www.canadasound.ca (“Website”). The Website is an interactive online service operated by CanadaSound Inc. and its subsidiaries (“us,” “we,” or “our”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: www.canadasound.ca and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.
The Website and the Canada Sound Initiative is open only to legal residents of Canada.
2. INTELLECTUAL PROPERTY
The Website and all content on or connected with the Website including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, “Our Website Content”), and also including all derivative works or enhancements based on these, and all intellectual property rights to Our Website Content are owned by us, our licensors, or both. Additionally, all trademarks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any of Our Website Content. Any rights not expressly granted in these Terms of Use are reserved to us.
3. WEBSITE ACCESS AND USE
• Access to the Website including, without limitation, Our Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, provincial, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Our Website Content or third party User Content (defined below) for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party User Content, its respective owner. In certain instances, we may permit you to download or print Our Website Content or both. In such a case, you may download or print (as applicable) one copy of Our Website Content or the relevant part of it for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Our Website Content or any part of it.
• Except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Our Website Content or third party User Content;
(ii) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Our Website Content or third party User Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Our Website Content or third party User Content for any purpose without our (or their, as the case may be) express written permission;
(iv) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
(v) use the Website to solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of any the Website;
(viii) use network-monitoring software to determine architecture of or extract usage data from the Website;
(ix) encourage conduct that violates any local, provincial or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (defined below) without permission, etc.); and/or
(x) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
(C) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
4. USER REGISTRATION
(A) In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or legal guardian.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at www.canadasound.ca of any breach of security or unauthorized use of your Membership.
5. USER CONTENT
(A) The Website permits users to post, upload, transmit through, link to or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (collectively, “User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. User Content that you provide via a link to a third party site or service, such as YouTube, Vimeo and the like, may also be subject to terms of use of such provider. You represent and warrant that your User Content is in full compliance with such third party terms of use. Such third party providers are not in any way affiliated with the Website or the CanadaSound project.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right (or his/her parent or legal guardian if a minor). You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity (including without limitation, rights of publicity or personality);
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds; includes personal information such as messages which identify phone numbers, social insurance numbers, account numbers, addresses, or employer references;
(v) contains a formula, instruction, or advice that could cause harm or injury; or
(vi) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part, as is or as may be edited) as we, in our sole discretion, deem appropriate including generally in connection with the Canada Sound Initiative and Canada 150 celebrations. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for use as permitted by the functionality of the Website and these Terms of Use. You acknowledge that the Website and the Canada Sound project is intended to be collaborative in nature and you are encouraged to submit ideas that may inspire others. Please do not submit actual works such as musical compositions or recordings, as all of the rights granted herein apply to such works just as they do to ideas or concepts.
(E) By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location (province and city only) in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(F) We reserve the right to contact you for permission to display advertisements directly in connection with your User Content and/or to use your User Content specifically for advertising and promotional purpose. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
(G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
(H) The Website takes the ideas and sounds submitted by users as User Content and creates and produces its own, or commissions the creation and production of, audio clips embodying the User submitted sounds (the “Clips”). The majority of the Clips have been commissioned from Sound Dogs Canada Inc. under license.
Registered users are permitted to use the Clips in their own sound recordings (“User Sound Recordings”), which User Sound Recordings they may reproduce and exploit as they see fit, PROVIDED that they shall not permit any portion of the User Sound Recordings in which a Clip or any part of a Clip is audible to be used in synchronization or timed relation or in any way in association with the products, services or messages of third parties.
Users who create User Sound Recordings are encouraged to share those Sound Recordings by submitting them to the Website. If you do submit one or more of your User Sound Recordings, you grant, on behalf of yourself and all writers and performers associated with such User Sound Recordings, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferrable right and license to use, reproduce, distribute, publicly display and perform, transmit and publish the User Sound Recordings solely in connection with the Website and the Canada Sound project. Some artists may be selected for potential inclusion on a digital compilation for charitable distribution, with separate terms and conditions.
(I) Technical Requirements:
(i) If your User Content is a video, it must be no more than 5 minutes in duration and in any of the following formats: .vob, .mov, .mpeg, .mpg, .mp4, .m4v, .flv, .avi, .asf, .divx, .wmv.
(ii) If your User Content is audio-only or other, it must be no more than 5 minutes in duration and in an audio file of a quality fit for radio play and in one of the following formats: .mp3 or .wav.
(iii) All User Content must have been recorded no earlier than one year prior to the commencement of the Canada Sound Initiative (i.e., not before July 1, 2015). All submissions must use the following hashtag: #CanadaSound.
6. WEBSITE CONTENT & THIRD PARTY LINKS
(A) We provide the Website including, without limitation, Website Content for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Our Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any of Our Website Content.
(B) In some instances, Our Website Content may include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse or warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
7. INDEMNIFICATION
You agree to indemnify and hold us (including our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies) harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
(i) your access to or use of the Website;
(ii) User Content provided by you or through use of your Membership;
(iii) any actual or alleged violation or breach by you of these Terms of Use;
(iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
8. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL CANADASOUND INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CANADASOUND INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
(B) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
10. TERMINATION
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 14 below.
11. COPYRIGHT POLICY
(A) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
12. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the Province of Ontario and the law of Canada applicable therein, without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the provincial and federal courts of Toronto, Ontario and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
13. AMENDMENT; ADDITIONAL TERMS
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.
14. MISCELLANEOUS
(A) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
(B) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
(C) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or our rights arising here under at any time without your consent and without notice to you.
(D) All Website users who are under the legal age of majority in their province of residence at the time of use of the Website (a “Minor”) shall use the Website and upload User Content only with the explicit consent of their parent or legal guardian. Parents/guardians will be required to provide consent by checking the relevant box on first use of the Website. Furthermore, all of these Terms of Use shall apply to the Minor and to the Minor’s parent or legal guardian. The collection of personal information of Minors is dealt with in our privacy policy.