PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THE MUSIC EXPRESS SITE. BY USING THE MUSIC EXPRESS SITE OR ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON THE MUSIC EXPRESS SITE, INCLUDING SERVICES OFFERED ON A PAYMENT BASIS (“‘PAID SERVICES”), YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE MUSIC EXPRESS SITE. THE MUSIC EXPRESS AND ITS AFFILIATES (“WE”, “US” AND “OUR”) RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS. YOU AGREE TO REVIEW THE TERMS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE MUSIC EXPRESS SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.
1. PROPRIETARY NATURE OF THE MUSIC EXPRESS SITE AND CONTENT
The Music Express site and all text, information, images, audio, video and other material (“Content”) posted on the Music Express site is protected by copyright, trade-mark and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Music Express and/or its affiliates, licensors and related companies. All Content posted on the Music Express site remains the valuable intellectual property of its owner(s) and is made available on the Music Express site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.
2. NO RIGHTS GRANTED IN TRADE-MARKS OR CONTENT
Nothing contained on the Music Express site should be considered as granting, by implication, estoppel or otherwise, any license or right to use any trade-marks, logos or other names, including but not limited to, those identifying Music Express and/or its affiliates, licensors and related companies or their respective products and services displayed on the Music Express site, without the expressed written consent of the applicable rights holder. Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Content as a result of accessing or downloading it, nor are you granted any rights for sale, resale, reproduction, licensing, sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use, for commercial or non-commercial purposes with respect to the Content, other than for your own personal use and enjoyment. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. You are hereby advised that the Music Express and its affiliates, licensors and related companies will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
3. PROHIBITED USE OF THE MUSIC EXPRESS SITE AND CONTENT
Your use of the Music Express site and Content must comply with these Terms, all applicable laws and all applicable Music Express’ policies. Without limitation, you may not use the Music Express site to directly or indirectly:
(a) invade another person’s privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.);
(b) “stalk” or otherwise harass another person;
(c) harm minors;
(d) unlawfully promote or incite hatred; or
(e) impersonate any person or entity, including, but not limited to a Music Express official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Music Express site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Music Express site; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Music Express site may contain material that is inappropriate for minors.
5. UPLOADED CONTENT
5.1 Grant of Rights
With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Music Express site (your “Contributions”), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions and to incorporate them into other derivative works or compilations, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Music Express site. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions.
5.2 Moral Rights Waiver
You irrevocably waive your moral rights with respect to your Contributions in connection with our exploitation of the rights granted to us in these Terms.
5.3 Prohibited Content
You agree not to upload, post, transmit, distribute or otherwise disseminate or make available on or through the Music Express site any Content that:
(a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from the rightful owner to post the Content and to grant us all of the rights granted herein;
(b) is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
(c) implies or suggests endorsement by Us;
(d) in the case of audio or video Content, is greater than (10) minutes in duration;
(e) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
(f) contains advertising, a solicitation of funds or a solicitation for goods or services; or
(g) otherwise violates these Terms or any applicable municipal, provincial, federal or international law, order or regulation.
5.4 Third Party Clearances
You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.
5.5 Removal of Content
Music Express has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the Music Express site, and Music Express is not responsible for any of this Content. However, Music Express reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that it deems in its absolute discretion, unacceptable, undesirable or in violation of any law or these Terms.
5.6 Responsibility for Uploaded Content
You will be solely responsible for any Content that you make available through the Music Express site and any liability resulting from its use as contemplated in these Terms. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Music Express site.
5.7 Postings Non-Confidential
Any communications, comments, ideas or concepts that you post to the Music Express site will be treated as non-confidential and non-proprietary. You agree that Music Express and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
6. THIRD PARTY CONTENT
6.1 Third Party Content
You acknowledge that despite the prohibitions above, Content posted on the Music Express site by other end users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties and assume no responsibility or liability for such Content. Content you access, transmit or download using the Music Express site is accessed, transmitted and downloaded at your own risk.
6.2 Third Party Web sites
Web sites accessed via links or other means from the Music Express site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Music Express site should not be construed as an express or an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed by any linked web sites and we cannot guarantee the performance of any products and services provided by any advertisers or others to whose sites we link. Any dealings you have with advertisers found while accessing the Music Express site are between you and the advertiser. Such third party web sites are in no way investigated, monitored or checked by us.
7. LINKING AND FRAMING
Unless otherwise agreed to in writing by us, you may only provide a hypertext link to the Music Express site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trade-marks; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us; (c) the link, when activated by a user, must display the respective Music Express site’s full-screen and not within a “frame” and not surrounded or obfuscated by any third party content, materials or branding on the linked web site; (d) such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Music Express site; and (e) we reserve the right to revoke our consent to the link and remove the link at any time in our sole discretion.
You may be issued a unique user name and password to access portions of the Music Express site. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Music Express immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
These Terms shall continue indefinitely until terminated by us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue or terminate your access to the Music Express site or any portion of the Music Express site at any time without notice to you. Our discontinuance of the Music Express site or any portion of the Music Express site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required back up copies of such Content. Music Express will not be liable to you with respect to its deletion of any Content.
10. DISCLAIMER OF WARRANTIES
THE MUSIC EXPRESS SITE AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON, DOWNLOADED OR ACCESSED THROUGH THE MUSIC EXPRESS SITE ARE PROVIDED ON AN “AS IS” BASIS. ROGERS, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE MUSIC EXPRESS SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE MUSIC EXPRESS SITE. NEITHER MUSIC EXPRESS NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE MUSIC EXPRESS SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE MUSIC EXPRESS SITE INCLUDING, BUT NOT LIMITED TO, THE CONTENT, INFORMATION, MATERIAL OR POSTING FOUND ON THE MUSIC EXPRESS SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE MUSIC EXPRESS SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE MUSIC EXPRESS SITE OR THE CONTENT CONTAINED ON SUCH SITE(S). NEITHER MUSIC EXPRESS NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE MUSIC EXPRESS SITE OR ACCESS TO AND USE OF THE MUSIC EXPRESS SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE MUSIC EXPRESS SITE IS AT YOUR SOLE RISK.
11. PROFESSIONAL INFORMATION DISCLAIMER
The Music Express site may make available certain information provided by Us or third parties related to various professional fields such as, without limitation, law, accounting, financial planning, pharmaceuticals, medicine and other health and fitness related matters (“Professional Information”). WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE MUSIC EXPRESS SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE MUSIC EXPRESS SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. The Professional Information provided should not be interpreted as professional advice and does not replace the opinion of a qualified professional. You expressly agree that your use of, or reliance on, any Professional Information is at your sole risk. You further agree that Music Express and its affiliates will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
12. FINANCIAL INFORMATION DISCLAIMER
The Music Express site may make information available provided by Us or third parties related to various financial matters. The financial information available on the Music Express site is: (a) for information purposes only and not intended as investing advice; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by Music Express or its affiliates; and (c) not necessarily reflective of the views or policies of Music Express and its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents. The financial information on the Music Express site is not guaranteed and no representations or warranties can be made as to the accuracy or completeness of the financial information provided as part of the Music Express site. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. MUSIC EXPRESS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE WEB SITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. MUSIC EXPRESS IS NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. It is your responsibility to evaluate the accuracy, completeness or usefulness of all financial information and you acknowledge and agree that you are responsible for the entire risk with respect to your use of and reliance on the financial information provided on the Music Express site. You further agree that Music Express and its affiliates will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any financial Information provided.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH, SHALL MUSIC EXPRESS OR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULTS FROM YOUR USE OF, OR YOUR INABILITY TO USE ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON THE MUSIC EXPRESS SITE, DIRECTLY OR Indirectly. THESE Limitations APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MUSIC EXPRESS NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Music Express, its affiliates, licensors and related companies and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability and expenses, including all legal fees and costs arising out of: (a) your breach of any provision of these Terms; or (b) your use of the Music Express site, the Content contained in the Music Express site and the placement or transmission of any Content on the Music Express site made by you or others using your user name and password. Music Express reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
16. REMEDIES AND RECOURSE
16.1 If you are dissatisfied with the Music Express site or with these Terms, your sole and exclusive remedy is to discontinue using the Music Express site.
16.2 Music Express reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular IP address to the Music Express site or any part thereof.
To contact Music Express in connection with these Terms or the Music Express site, send an e-mail to firstname.lastname@example.org.
18. MISCELLANEOUS TERMS
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Music Express may determine in any and all actions, disputes or controversies relating hereto. These Terms and any rules, policies, guidelines or other agreements posted on the Music Express site by Music Express constitute the entire agreement between Music Express and you with respect to your use of the Music Express site. No waiver by either Music Express or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid or otherwise enforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and such determination shall not affect the remaining provisions contained herein.
These Terms have been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties