TERMS AND CONDITIONS
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JAZZ.FM91 INC (THE “COMPANY”). YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE USING WWW.JAZZARCHIVE.CA OR WWW.CANADIANJAZZARCHIVE.COM (THE “WEBSITE”). BY ACCESSING, BROWSING, SUBSCRIBING TO OR OTHERWISE USING THE WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS OF USE (THE “AGREEMENT”), AS AMENDED FROM TIME TO TIME BY THE COMPANY IN ITS SOLE DISCRETION. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OF USE SET OUT IN THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Except for public domain materials, all content and materials displayed or otherwise accessible through the Website, including but not limited to audio and video content, information, text, photographs, graphics, images, illustrations, artefacts, animation, manuscripts, arrangements, logos, hyperlinks, trade-marks, service marks, trade names, and the design and arrangement thereof, and all source code and computer software (collectively referred to as the “Content”) are protected under Canadian and foreign copyright, trade-mark and other laws, and are owned and/or controlled by the Company, its licensors or the party accredited as the provider of the Content. All rights not expressly granted to you in this Agreement are reserved. You agree to use the Website and the Content (or any portion thereof) for your own personal, private and non-commercial use, or for such other use as may be authorized in writing in advance by the Company, and, in the course of such use, you shall retain all copyright and other proprietary notices and rights management information in the same form and manner as on the original.
3. PROHIBITED CONDUCT
You agree that any use, reproduction, broadcast, communication to the public by telecommunication, exhibition, public performance or display, adaptation, alteration, modification, uploading or posting onto the Internet, transmission, redistribution or other exploitation of the Website or any Content, whether in whole or in part, other than as expressly permitted by explicit language posted on the Website itself or as set out in this Agreement, is prohibited without the prior express written permission of the Company. Prohibited conduct includes, but is not limited to:
- modifying, translating, reverse engineering, decompiling, disassembling the Website, the Content, or any part thereof;
- renting, leasing, sublicensing or transferring any rights in the Website or the Content, or any part thereof;
- removing any proprietary notice language or other rights management information with respect to the Website or the Content;
- violating, plagiarizing or infringing on the rights of the Company or any third party, including but not limited to copyright, trademark, privacy, contractual or other personal or proprietary rights;
- any unauthorized use of the Content or any portion thereof, including but not limited to use on any other website or networked computer environment;
- circumventing, or attempting to circumvent, any technological protection measures or digital rights management technology applied to the Website or the Content; and
- engaging in any conduct which the Company, in its sole discretion, determines to be detrimental to its interests, including but not limited to acting in a manner contrary to this Agreement, or intentionally interfering with the Website or the Company’s computer systems.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE, OR ANY RELATED WEBSITE, MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
4. DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTEST IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.
5. LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, YOU AGREE THAT THE COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, AGENTS, LICENSORS AND LICENSEES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE, THE CONTENT, OR ANY LINKED SITES, OR YOUR RELIANCE ON ANY OF THE FOREGOING. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE COMPANY KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS (CDN $100.00).
You agree to indemnify, defend and hold harmless the Company, its parent companies, subsidiaries, and affiliates, and its and their respective directors, officers, employees, representatives, suppliers, agents, licensors and licensees, from any damages, losses, costs and expenses (including legal fees), incurred in connection with any third-party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. The Company 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 hereunder, and you shall cooperate as fully as reasonably required by the Company.
7. LINKED SITES
The Company shall have no responsibility or liability to you whatsoever in connection with third-party websites accessible by links posted on the Website (“Linked Sites”). Access to Linked Sites is at your own risk, and the Company is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. Linked Sites are provided by the Company solely as a convenience, and the inclusion of a Linked Site does not imply endorsement by the Company of the Linked Site or any products, services, materials or statements contained or referred to thereon.
The Company may at any time, without notice, in its sole discretion, terminate or suspend your right to access or use the Website and/or the Content (or any portion thereof) for any reason, including but limited to any fraudulent, abusive, or otherwise illegal activity performed by you in connection with the Website and/or the Content.
9. JURISDICTIONAL ISSUES
Access to and use of the Website and/or the Content is not permitted where prohibited by law. If you choose to access and use the Website and/or the Content, you do so on your own initiative and are responsible for compliance with any and all applicable laws.
10. UPDATES AND AMENDMENTS
The Company reserves the right, in its sole discretion, to change, modify or amend this Agreement, or add or remove portions of the Website and/or the Content, at any time, and you agree to be bound by such changes, modifications, additions or deletions. The current version of this Agreement will be posted on the Website at all times. Please check the Website frequently for any updates or changes to this Agreement. Your continued use of the Website following the posting of changes shall constitute your agreement to be bound by such changes.
The Agreement and your use of the Website and/or the Content shall be governed and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable to contract wholly made and performed therein, excluding the application of any rule or principle of conflict of law that might otherwise refer construction, interpretation, or the resolution of any dispute to the laws of another jurisdiction. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Toronto in the province of Ontario. You agree not to bring any legal action against the Company in any jurisdiction except the province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement is deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and the Company in connection with your use of the Website and/or the Content.