AGREEMENT BETWEEN USER AND ABORIGINAL MUSIC MANITOBA
This Agreement. This Web Site Access and Use Agreement (the “Agreement”) is between you and Aboriginal Music Manitoba Inc. (the “AMMB”), and contains terms and conditions pertaining to your use of the “www.ammb.ca” web site (the “Web Site”). The Web Site is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEB SITE. Modifications Of This Agreement. AMMB reserves the right to change the terms, conditions, and notices under which the Web Site is offered. Notification of changes will be posted on the Web Site, and you are responsible for regularly reviewing these terms and conditions.
ACCESS AND LIMITATIONS OF USE
Grant of Access. This Agreement provides you with a non-exclusive grant of access to and use of the Web Site at the sole discretion of the AMMB and subject to your continuing compliance with the terms and conditions of this Agreement.
Right To Restrict Access. AMMB reserves the right to change, suspend, or discontinue any aspect of its Web Site at any time, including the availability of any feature, database or content contained in the Web Site. The AMMB may also impose limits on certain features and services or restrict your access to parts of or all of the Web Site without notice or liability. The AMMB reserves the right in its sole discretion to correct any errors or omissions in any part of the Web Site.
Personal And Non-Commercial Use Limitation. Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from the Web Site. Without limitation of the foregoing, any music downloaded from the Web Site may be stored on your computer, personal device, and otherwise copied and used for your own personal use but shall not be used for any commercial purposes whatsoever.
Links To Third Party Sites. The Web Site may contain links to artist and sponsor web sites and other third party web sites ("Linked Sites"). The Linked Sites are not under the control of AMMB and AMMB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AMMB is not responsible for webcasting or any other form of transmission received from any Linked Site or in respect of any music, video or other materials downloaded from the Linked Sites. AMMB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AMMB of the Linked Site, its contents, or any association with its operators. Your use of any Linked Site is subject to the terms and conditions of the respective Linked Site.
No Unlawful Or Prohibited Use. As a condition of your use of the Web Site, you warrant to AMMB that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.
Copyright. All content of the Web Site is protected by copyright. The copyright in all content displayed on the Web Site is owned by AMMB and/or those providing content to AMMB (“Content Suppliers”). Certain Content Suppliers have granted you a limited, royalty free, perpetual, non-exclusive license to download and use for personal, non commercial purposes music and other materials, but such license does not in any way negate the Content Suppliers’ copyright ownership in such music and/or materials.
Trademarks. All trademarks and tradenames displayed on the Web Site are owned or controlled by AMMB or are the trademarks and tradenames of their respective owners.
Reservation of Rights. All copyrights, trademarks, and other intellectual property rights are hereby reserved by the proprietors thereof.
PRIVACY Information Requested From You. When accessing information on the Web site, you may be asked to provide information such as your name, home address, e-mail address or other information. It is completely optional for you to provide such information. If you do provide personal information to AMMB, you understand and agree that AAMB may record and use your personal information to contact you with newsletters and other AAMB-related information.
Right To Disclose Information Under Certain Circumstances. AMMB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AMMB's sole discretion.
COMMUNICATION SERVICES AND MATERIALS PROVIDED BY YOU
Use of Communication Services. The Web Site may contain news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. • Conduct or forward surveys, contests, pyramid schemes or chain letters. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. • Harvest or otherwise collect information about others, including e-mail addresses, without their consent. • Violate any applicable laws or regulations.
No Obligation To Monitor Communication Services. AMMB has no obligation to monitor the Communication Services. However, AMMB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AMMB also reserves the right in its sole discretion to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Limitation of Liability. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. AMMB does not control or endorse the content, messages or information found in any Communication Service and, therefore, AMMB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Submissions Provided By You Not Confidential. You acknowledge that any materials or messages posted, files uploaded, data input or any other form of communication through the Web Site (“Submissions”) are not confidential and that such Submissions may be read or intercepted by others. You acknowledge that by submitting Submissions to the Web Site no confidential, fiduciary, contractually implied or other relationship is created between you and the AMMB other than pursuant to this Agreement. License To AMMB In Submissions. By posting, uploading, inputting, providing or submitting your Submission you are granting AMMB, its affiliates and sublicensees the non-exclusive worldwide unrestricted cost and royalty-free license, for non-commercial purposes only, to copy, distribute, transmit, publicly display, publicly perform, allow to be downloaded, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, in connection with commercial or non-commercial endeavours. No compensation will be paid with respect to such use of your Submission, as provided herein. AMMB is under no obligation to post or use any Submission you may provide and AMMB may remove any Submission at any time in AMMB’s sole discretion. Warranty & Representation. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to AMMB the right and license, for non-commercial purposes only, to copy, publicly display and otherwise exploit your Submission as more fully described in the preceding paragraph. You hereby waive all rights to any claim against the AMMB for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Submissions.
LIABILITY DISCLAIMERS AND LIMITATIONS No Representation or Warranties by the AMMB - You agree that the Web Site, including all content, functions, materials and information made available on or accessed through the Web Site, is provided to you at your own risk for your personal non-commercial use and on an "as is, as available" basis. To the fullest extent permissible by law, the AMMB makes no representations, endorsements or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to the Web Site, or any content, merchandise, information or service provided through the Web Site or on the Internet generally or the functions made accessible by any software used on or accessed through the Web Site, for any hypertext links to third party web sites or for any breach of security associated with the transmission of sensitive information through the Web Site or any linked site. The AMMB does not warrant that the functions contained in the Web Site or any content contained therein will be uninterrupted, error free or that defects will be corrected. No Endorsement by the AMMB of Internet information. You understand that the AMMB or its Content Suppliers do not operate, control, or endorse any information, products or services on the internet in any way nor does the AMMB or its Content Suppliers represent or endorse the accuracy or reliability of any advice, opinion, statement or other content displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that neither the AMMB nor its Content Suppliers shall be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content. You understand further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to you, that you access such materials at your own risk and that the AMMB has no control over and accepts no responsibility whatsoever for such materials. No Liability - You agree that in no event will the AMMB, its affiliates, and the AMMB’s and its affiliates’ respective officers, directors, employees, agents and contractors be liable for: (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Web Site, or any content or transactions provided on the Web Site, even if the AMMB, its affiliates, and the AMMB’s and its affiliates or their authorized representatives have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in the Web Site and/or content, materials or information downloaded through the Web Site; or (iii) any injury, sickness, disease, death, damages, claims, or liability arising out of or attributable to the use by anyone of the Web Site or of any hardware, including any television set, monitor, or screen, arising out of or attributable to use by anyone of such hardware for the purpose of accessing and/or viewing the Web Site. Indemnity. You undertake and agree to ensure that all persons you authorize to use the Web Site have read and will comply with the terms and conditions of this Agreement and are solely responsible and liable for actions which are in contravention of this Agreement or any applicable law. You agree to indemnify, defend and hold harmless the AMMB, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement or any activity related to the Web Site (including negligent or wrongful conduct) by you, by any persons allowed by you to access the Web Site or by any other person accessing the Web Site or services provided pursuant to the Web Site using your identification or password. The provisions of this paragraph are for the benefit of the AMMB, its affiliates, and the AMMB’s and its affiliates’ respective officers, directors, employees, agents and contractors. Each of these entities or individuals shall have the right to assert and enforce these provisions directly against you on its own behalf. The AMMB reserves the right (but has no obligation), at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
GENERAL You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMMB as a result of this Agreement or use of the Web Site. AMMB’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of AMMB’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by AMMB with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and AMMB with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AMMB with respect to the Web Site. Headings are for convenience only. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement and your use of the Web Site shall be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein. You agree that exclusive jurisdiction for any claim or dispute resides in the courts of the Province of Manitoba. You further agree and expressly consent to attorn to the jurisdiction of the courts of the Province of Manitoba in connection with any dispute or claim involving you, the AMMB, the AMMB’s affiliates, or the Web Site. The AMMB may assign its rights under this Agreement and its ownership of the Web Site or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone.