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Home > Notices > Terms of Use

Terms of Use

The SOCAN Foundation makes available information and materials on this website (Website), subject to the following Terms of Use. By accessing the Website, you acknowledge having read, understood and accept these Terms of Use, and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of the Website, and agree to be legally bound by them. The SOCAN Foundation reserves the right to change these Terms of Use from time to time at its sole discretion and such changes will be effective immediately upon being posted on the Website. It is your responsibility to regularly review these Terms of Use for such updates. Your continued use of the Website following posting of any changes will indicate your acceptance of the changed Terms of Use. If you do not agree to any changes to these Terms of Use, you must immediately stop using the Website.

The Website is controlled, operated and administered by the SOCAN Foundation from its offices within Canada. The SOCAN Foundation makes no representations or warranty that the SOCAN Foundation or any of the information or material is appropriate or available for use at any location outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all applicable laws.

Access to the Website

The SOCAN Foundation expects that you will access and use the Website in a professional, responsible and business-like manner in accordance with applicable laws. As a condition of your use of the Website, you warrant to the SOCAN Foundation that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any information or material through any means not intentionally made available or provided for through the Website. 

Copyright

All information displayed or otherwise accessible through the Website is protected by Canadian and worldwide copyright laws and treaty provisions, and is owned by the SOCAN Foundation, or the party accredited as the provider of the information. Unless otherwise expressly provided, no portion of the information on the Website may be reproduced in any form or by any means without the prior written permission of the SOCAN Foundation or the party accredited as the provider of the information. If you infringe any of the SOCAN Foundation rights, a legal action may be brought against you. The SOCAN Foundation disclaims all liability for any consequences whatsoever that may result from your unauthorized reproduction or use of the information on the Website. 

Personal use limitation

The SOCAN Foundation grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the information and material available on the Website for your own personal, private and non-commercial use only, provided that you do not modify the information and material in any way and that you maintain all copyright and other proprietary notices. All information copied, reproduced, distributed or generally made available to the public by you shall contain the SOCAN Foundation copyright notice as follows: “Copyright © 2014 The SOCAN Foundation. All rights reserved.”

Trademarks

The SOCAN Foundation logo is a registered trademark and the property of the SOCAN Foundation. All other trademarks, trade names or company names referenced in the Website are used for identification purposes only and are the property of their respective owners. Unless otherwise expressly provided, nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website. Any unauthorized downloading, retransmission or other copying or modification of trademarks may be a violation of applicable laws and a legal action may be brought against you.

Links to third party websites

The Website contains links to third party websites which are not under the control of the SOCAN Foundation. The SOCAN Foundation makes no representations whatsoever about any other website to which you may have access through the SOCAN Foundation Website. When you access a third party website, you do so at your own risk and the SOCAN Foundation is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. The SOCAN Foundation provides these links merely as a convenience and the inclusion of such links does not imply that the SOCAN Foundation endorses or accepts any responsibility for the content or uses of such websites. Your use of any third party website is subject to the terms and conditions of the respective linked website and the SOCAN Foundation encourages you to read the terms and conditions and privacy policy of all of the linked websites before using the site or disclosing any personal information.


Account and password

Certain of the information and material made available on the Website may require registration. Should you choose to register you agree to provide accurate, current and complete information. If the SOCAN Foundation believes that the information you provided is not correct, current, or complete, the SOCAN Foundation has the right to refuse you access to the Website or any of its resources, and to terminate or suspend your access at any time. The SOCAN Foundation has no obligation to verify the accuracy, currency, completeness or usefulness of any information that you have provided.

You acknowledge and agree that you are solely responsible for your account and the security of your login ID and password and that you will not disclose it to any third parties. In addition, you will promptly advise the SOCAN Foundation of any unauthorized use of your account. The SOCAN Foundation 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 failure to comply with this section.

Conduct relating to submissions

You may have the opportunity to submit questions or other information or otherwise engage in dialogue with representatives of the SOCAN Foundation through the sending of email to the Website. The SOCAN Foundation welcomes your content, remarks, suggestions, ideas, graphics and other information communicated to the SOCAN Foundation by you through the Website (Submission), so long as the Submission is not obscene, illegal, threatening, defamatory, invasive of privacy, infringing of third party intellectual property or privacy rights, or otherwise injurious to third parties, and does not consist of or contain software viruses or other harmful component. You acknowledge that you alone are responsible for the content of your Submission and any consequences thereof. You are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading the SOCAN Foundation as to your identity when you are on the Website or otherwise communicating with the SOCAN Foundation.

By making Submissions to the SOCAN Foundation, you automatically grant to the SOCAN Foundation a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to the SOCAN Foundation by you through the Website (including, without limitation, any ideas, drawings, notes, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you or compensate you.

You represent and warrant that you own or otherwise control all of the rights to the Submission that you submit; that the Submission is accurate; that the use of the Submission that you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will defend, indemnify and hold harmless the SOCAN Foundation for all claims resulting from any Submission that you provide to the SOCAN Foundation. In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. The SOCAN Foundation will not be required to treat any Submission as confidential.  The SOCAN Foundation is not responsible for maintaining or returning Submissions. You should always maintain a copy of your Submissions. 

Privacy Policy

The SOCAN Foundation is committed to protecting your privacy. Please click here to read and review the SOCAN Foundation’s Privacy Policy.You should check the Privacy Policy on a regular basis for changes. You hereby consent to the use of your personal information by the SOCAN Foundation in accordance with the terms set forth in the Privacy Policy. 

Warranties and disclaimers

Unless otherwise expressly provided in an agreement between you and the SOCAN Foundation, all information, software and links on the Website are provided on an "as is" basis. The SOCAN Foundation makes no representations, warranties, guarantees or conditions of any kind, whether express or implied, with respect to the Website, its contents, content provided by third parties or such software and links offered through or contained on the Website including, but not limited to, representations, warranties, guarantees and conditions of merchantability or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to the Website, its contents, content provided by third parties or such software and links offered through or contained on the Website. In addition, the SOCAN Foundation does not provide any representation, warranty, guarantee or condition that the information accessible via the Website is accurate, complete or current.  All representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws. 

Limitation of Liability

In no event shall the SOCAN Foundation, its affiliates and any of their respective directors, officers, employees, contractors, successors, assigns, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages of any kind, or any damages whatsoever, whether or not any such damages might be foreseeable, including, without limitation, those resulting from loss of data, goodwill, savings, income or profits, loss of or damage to property and third party claims, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with: (a) the Website; (b) your access, use, misuse or reliance on any information provided on the Website; (c) any software and links offered through the Website; (d) your account and password; (e) failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use the Website whether or not arising from breach of contract, tort, civil liability or otherwise and even if the SOCAN Foundation has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by applicable laws.

Indemnification

You agree to indemnify and hold harmless the SOCAN Foundation and its affiliates and their respective directors, officers, employees, contractors, successors, assigns, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to: (a) your breach of these Terms of Use; (b) your access, use, misuse or inability to access the Website (or any website that may be linked in the Website) including without limitation transmission or placement of information or material by you on the Website; (c) your reliance on any content on the Website; (d) your violation of any applicable law or regulation; or (e) any claim or allegation that any material you provide or post infringe the intellectual property or other proprietary rights, or privacy rights, of any third party. 

Termination

The SOCAN Foundation may at any time and its sole discretion restrict or terminate your right to use the Website. The SOCAN Foundation also has the right, in its sole discretion, to remove any Submissions from the Website.

Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the jurisdiction of the courts of the Province of Ontario in connection with any dispute or claim involving you, the SOCAN Foundation or the Website. 

General

Unless stated otherwise on the Website, these Terms of Use constitute the entire agreement between you and the SOCAN Foundation with respect to your use of the Website. No failure by the SOCAN Foundation or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. If any provisions of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. Any changes to these Terms of Use must be made in writing. The SOCAN Foundation may assign its rights and ownership of the Website or any interest therein at any time without notice to you. You must not assign your rights under this Terms of Use to anyone.