TERMS AND CONDITIONS OF USE
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EACH OF CANADIAN MUSICAL REPRODUCTION RIGHTS AGENCY LTD. (“CMRRA”), SOCIETY FOR REPRODUCTION RIGHTS OF AUTHORS, COMPOSERS AND PUBLISHERS (SODRAC) INC. (“SODRAC”), SODRAC 2003 INC. AND CMRRA-SODRAC INC. (COLLECTIVELY, “CSI”). YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE, WHICH INCLUDES THE CLAIMS WEBSITE. BY ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE, INCLUDING ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE (THE “SERVICES”), YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS WEBSITE.
Purpose of this Website
The purpose of this website is to provide information about CSI to clients, licensees and the public, and to develop and maintain accurate records of the ownership and administration of copyright in musical works. This website will also be used to facilitate the collection of information and the submission of claims by users for compensation for the use of musical works pursuant to the Order of the Ontario Superior Court of Justice dated May 30, 2011 in relation to Northey v. Sony Music Entertainment Canada Inc. et al., certifying the class action for settlement purposes and approving the settlement of the action.
All sessions on this website are secured using Secure Socket Layer (SSL) encryption. The servers hosting this website are protected by sophisticated firewall hardware and software, and are physically located in secured facilities.
You may be issued a user name and password (together, your “account”) in order to access certain sections of this website. You are responsible for maintaining the confidentiality of your account and for all activities that occur through the use of your account. You agree to (a) immediately notify CSI of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. CSI will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
Ownership of Website Content and Limitations on Use
All content and material on and/or that form part of this website from time to time, including all text, information, links, graphics, audio, video, animation, logos, trade-marks, service marks and trade names, the design and arrangement thereof, and all source code and software (together, the “Content”), are protected by copyright, trade-mark and other laws, and are owned or controlled by CSI or its licensors. All rights not expressly granted to you in this agreement are reserved. You agree to use any permitted copy of the Content, or any part thereof, including but not limited to any part of the lists on the Claims Website each a “Pending List”) of musical works which are embodied in audio products or video products first released or distributed in Canada by Sony Music Entertainment Canada Inc. (formerly Sony BMG Music (Canada) Inc.), EMI Group Canada Inc., Universal Music Canada Inc. or Warner Music Canada Co. (together, the “Record Companies”) at any time up to and including December 31, 2012 for which the applicable Record Company was required to obtain a reproduction licence but either has not done so or has not paid the required royalties, solely for your own private, non-commercial use, and to retain all copyright and other proprietary notices in the same form and manner as on the original. Without limiting the generality of the foregoing, you agree to use any permitted copy of a Pending List, or any part thereof, solely for the purpose of ascertaining whether you are entitled to compensation for the use by a Record Company of a musical work listed on that Pending List.
Except as expressly provided in this agreement, this website and the Content, including but not limited to the Pending Lists, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, in whole or in part, without the express prior written permission of CSI. Prohibited conduct includes, without limitation:
(a) modifying, translating, reverse engineering, decompiling or disassembling any or all of this website or the Content;
(b) renting, leasing, sublicensing or transferring any rights in or to any or all of this website or the Content;
(c) removing any proprietary notices or labels, including copyright notices, from this website or the Content;
(d) violating, plagiarizing or infringing the rights of CSI or any third party, including copyright, trade-mark, privacy, contractual or other personal or proprietary rights;
(e) any unauthorized use any or all of the Content (including use on any other website or networked computer environment);
(f) using a robot, spider, “screen-scraper” or other automatic device or manual process to monitor or copy any or all of the Content;
(g) using any device, software or routine to interfere or attempt to interfere with the proper working of the website or CSI’s computer systems; and
(h) engaging in any conduct which CSI, in its sole discretion, determines to be detrimental to its interests, including, without limitation, failing to act in accordance with this agreement.
Engaging in prohibited conduct may also subject you to civil liability and criminal prosecution under applicable laws.
(a) No Warranties.
THIS WEBSITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, CSI DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF 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. CSI DOES NOT WARRANT THAT THIS WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CSI DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES OR OTHER INFORMATION PROVIDED THROUGH THIS WEBSITE (INCLUDING BUT NOT LIMITED TO THE PENDING LISTS) OR ON THE INTERNET GENERALLY. IN NO EVENT WILL CSI 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 THIS WEBSITE.
(b) Linked Sites
CSI shall have no responsibility or liability to you in connection with third party websites accessible by links posted on this website (“Linked Sites”). Access to Linked Sites is at your own risk and CSI is not responsible for the availability, accuracy or reliability of the contents of any CSI or any link posted on a Linked Site. CSI provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by CSI.
Limitation of Liability
You agree that CSI and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of this website, any Services or any Linked Sites, your reliance on any Content, their verification and assessment of claims submitted through this website, or their distribution of Royalties. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.
You agree to indemnify and hold harmless CSI and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees (collectively, the “Indemnified Persons”), from and against any damages, losses, costs and expenses (including reasonable legal fees) incurred in connection with any third party claim or demand arising directly or indirectly out of your breach or alleged breach of this agreement or your violation or alleged violation of any law or the rights of such third party (each a “Third Party Claim”). CSI shall have the right, at your expense, to defend any Indemnified Person against any Third Party Claim and you shall cooperate as fully as reasonably required by CSI.
CSI may, in its sole discretion, terminate or suspend your access to all or part of this website, the Content and/or any Services for any reason, including, without limitation, your breach of the agreement or transmission of any unsolicited advertising materials via the website.
You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any inaccurate or illegal material while connected to or otherwise using this website or any Service. Transmission of such material shall constitute a material breach of this agreement. CSI is not responsible for, nor does it endorse, the submissions made by users. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and/or displayed by CSI or the administrators of this website, in their sole discretion. Users remain solely responsible for the content of their submissions.
By submitting content to any area of this website or through any Service, you grant CSI and its affiliates a royalty‑free perpetual, irrevocable, transferable, non‑exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, in all manner and media (now known or later developed or devised). You also authorize any user of this website to access, display, view, store and reproduce such content for personal use.
Access to this website, the Content and the Services is not permitted where prohibited by law. If you choose to access this website and/or use the Services, you do so on your own initiative and are responsible for compliance with applicable laws.
The laws of Ontario and the laws of Canada applicable in Ontario, excluding any rule or principle of conflicts of law that may provide otherwise, govern this agreement. The parties irrevocably attorn to the jurisdiction of the courts of Ontario, which will have non-exclusive jurisdiction over any matter arising out of this agreement. You agree not to bring any legal action against CSI in any jurisdiction except the Province of Ontario and you hereby submit and consent irrevocably to such jurisdiction. If any provision of this agreement is deemed unlawful by a court of law, then the impugned provision will be deemed severed and will not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between you and CSI in connection with your use of this website. Nothing contained in this agreement. Your use of this website will not create a partnership, joint venture, principal-and-agent relationship, or any similar relationship between you and CSI.
Updates and Amendments
CSI reserves the right to change, modify or amend this agreement, and to add or remove portions of this website and any Services, 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 this website at all times. Please check back frequently to see any updates or changes to this agreement. Your continued use of this website following the posting of changes will constitute your agreement to be bound by such changes.