TERMS OF SERVICE
General
The websites www.leahymusic.ca and www.north28music.com (collectively, the “Sites”) are owned and operated by North 28 Music Inc. (“Company,” “we” or “us”). By visiting the Sites and accessing the features, information, resources, materials, services and tools provided, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy, the terms and conditions as stated in our Privacy Policy and Disclaimer, all applicable laws, regulations and generally accepted online practices or guidelines, and any additional terms and conditions that may apply to specific sections of the Sites or to content, materials and/or
services available through the Sites or from Company. For avoidance of doubt, the Privacy Policy and Disclaimer are hereby incorporated as part of these Terms of Service. Accessing the Sites, in any manner, constitutes use of the Sites and your agreement to be bound by these Terms of Service.
You hereby affirm that if you are under the age of 18, you have reviewed these Terms of Service with your parent or legal guardian and that he or she consents to these Terms of Service on your behalf, and accepts full responsibility and liability with respect to your compliance with them. You hereby agree that you and/or your parent or legal guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these
Terms of Service, and to abide and comply with the same. If you and your parent or legal guardian do not agree to be bound by these Terms of Service, you should stop using the Sites immediately.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Sites, from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically and familiarize yourself with any changes. By continuing to use the Sites after we post any such changes, you accept the Terms of Service, as modified.
Sites Use
This Sites may include a variety of features, such as uploaded images, audio files, videos, messages, social media links and other user generated content. It is a condition of your use of the Sites that you do not: (a) restrict or inhibit any other user from using and enjoying the Sites; (b) use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) interfere with or disrupt any servers or networks used to provide the Sites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Sites; (d) use the Sites to instigate or encourage others to commit illegal activities or cause injury or property damage to any person; (e) upload any material to the Sites that may be deemed illegal, fraudulent, abusive, offensive, lewd, or criminal in nature, as determined in Company’s sole discretion; (f) gain or attempt to gain unauthorized access to the Sites, or any account, computer system, or network connected to this Sites, by any automated, unethical or unconventional means, including but not limited to hacking, password mining or other illicit means; and (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through this Sites.
Intellectual Property Rights
All content and materials available on the Sites, including but not limited to any and all sound recordings, music, sound clips, video clips, illustrations, text, graphics, logos, icons, images, photographs, data compilations, page layout (including the “look and feel” of the content therein), underlying code and software is the property of or controlled/licensed for the express uses herein by Company. By continuing to view and use the Sites, you acknowledge that such content is protected by applicable Canadian intellectual property law, international intellectual property law and other applicable laws and is provided solely for your personal non-commercial use. You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the Company, you may not modify, copy, duplicate, reproduce, republish, upload, post, transmit, translate, trade, sell, resell, create derivative works, exploit, or distribute, in any manner or medium (including by email or other electronic means, or by “mirroring” to any other computer or server), any material from the Sites.
Third Party Materials
Certain sections of the Sites may allow you to view and/or use different content, materials and/or services that are provided by third parties. Company is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these content, materials and/or services. Your participation, correspondence or dealings with any third party found on or through our Sites are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Limitation of Liability
You agree to indemnify and hold harmless Company and its subsidiaries, licensees, assigns and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any and all claims that result from the use of, or the inability to use, the Sites, including its content, materials and/or or services, or third-party materials made available through the Sites. Furthermore, you shall be solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you through your use of the Sites and may incur criminal or civil liability for any
such unauthorized activities. If you are dissatisfied with the Sites, any content, materials and/or or services on the Sites, or with any of the Sites’ terms and conditions, your sole and exclusive remedy is to discontinue using the Sites and the materials and/or services.
Company makes no warranty of any kind, implied or express, as to the Sites’ accuracy, completeness or appropriateness for any purpose. Furthermore, Company makes no warranty or representation that it is affiliated with any artist, individual, entity, corporation or other third party referred to on the Sites by Company or any other third party. The Sites are owned and controlled solely by Company, and are not associated or affiliated with any other individual, entity, corporation, or third party. By using the Sites, you understand and agree that all information, resources, materials, services and tools are provided “as is” and “as available”. You acknowledge and agree that no representation has been made by Company or its affiliates and relied upon as to any future results that may be derived by you from your use of this Sites, its
content, materials and/or services. You further acknowledge and agree that no information or advice, whether expressed, implied, oral or written, obtained by you from Company or through any information, resources, materials, services and tools provided on the Sites shall create any warranty, guarantee, or conditions of any kind.
Termination
You agree that Company may, at its own discretion, suspend or terminate your right to use the Sites or any part of the Sites at any time without notice and for any reason. Any suspected illegal, fraudulent or abusive activity, including uploading offensive, lewd, or criminal material (as determined at Company’s sole discretion) may be grounds for terminating your access to the Sites and its features, and may be referred to appropriate law enforcement authorities. In the event of suspension or termination, you shall no longer be authorized to access the part of the Sites affected by such suspension or termination and Company shall have the right to remove or
delete any information that you may have on file with us, including any account or login information, without further notice or refund to you. The restrictions imposed on you with respect to any material downloaded from the Sites, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Miscellaneous
This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute shall be subject to the jurisdiction of the courts of the Province of Ontario. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability of any remaining provisions.
PRIVACY POLICY
North 28 Music Inc. (“Company”, “we”, “us”) recognizes the importance of privacy and the sensitivity of personal information. By visiting and using the Sites, you agree that your use of the Sites, and any dispute over privacy, is governed by this Privacy Policy. Company and the Sites may collect personal information belonging to users, including but not limited to information that is voluntarily supplied by you during online registration for features and tools provided on the Sites, such as your name, email address, street address, telephone number, and/or social media links to be stored on Company and/or third-party servers. Payment information may also be collected by Company based on specific goods and services purchased by you, however this information shall not be stored by Company or shared with any unauthorized third party. Company takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modifications or disclosure. Company may provide your information to authorized third parties, such as service providers, vendors and contractors, for a variety of purposes. We reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Sites in any way and
for any purpose, such as to enable us or a third party to provide you with information about products and services, or to be included with public materials submitted by you to be displayed on the Sites. The Sites may also use cookies (small files stored by your browser to keep track of Sites visits). These cookies do not collect personal information and will not be shared with any third parties. Company may use cookies for the purposes of tracking user trends and to help improve the Sites.
The Sites may also include links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. By accessing another website or purchasing goods, services or third-party products through the Sites, use of any information you provide is governed by the privacy policy of the operator of the Sites you are visiting or the provider of such products or services.
DISCLAIMER
North 28 Music Inc. (“Company”, “we”, “us”) does not guarantee that any specific results from your use and participation on the Sites. Company does not make any warranty or representation that the Sites and/or its content will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all operating systems, that it will be secure and that all information provided will be accurate, that uploaded materials will appear in a particular place or position on the Site, and/or that it will at all times be free of viruses or other harmful components. The features, information, resources, materials, goods, products, services and tools offered on or through the site are provided “as is” and without warranties of any kind either express or implied. Company fully disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.You expressly agree that your use or inability to use the Sites and its features, information, resources, materials, goods, products, services and tools is at your sole risk. Any content downloaded, purchased, delivered or otherwise obtained through your use of the Site is done at your own discretion and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. By using the Sites, you accept, agree and understand that you are fully responsible for the results from your participation and that we offer no representations, warranties or guarantees verbally or in writing
regarding your contact, acknowledgement, recognition or access to the Sites. Any statements outlined on the Sites and its contents are simply opinions and thus are not guarantees or promises of actual performance. We offer no professional legal, financial, medical or psychological advice. The information contained in or made available through the Sites cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. The Sites may include links to Internet websites maintained by third parties. Our linking to such third party websites does not imply our endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. Any opinions, advice, statements, services, offers or other information or content made available by third parties are those of the third parties, and not of Company. Company is not responsible for the accuracy and reliability of third party materials provided on the Sites or through links provided on the Sites.