Terms of Services

The Canadian Music Centre website Terms of Service

Terms of Service

This website is operated by the Canadian Music Centre. Throughout the site, the terms “we”, “us” and “our” refer to the Canadian Music Centre. The Canadian Music Centre offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or downloading or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), which include those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

By using the Services, you agree to these conditions. Please read them carefully. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use any of the Services.

Any new content, features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services or access to the website following the posting of any changes constitutes acceptance of those changes.

Privacy

Please review our Privacy Policy, which also governs your use of the Services, to understand our practices.

Electronic Communications

When you use any of the Services you are communicating with us electronically. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You consent to receive communications from us electronically. We may communicate with you electronically in a variety of ways, including but not limited to, by email or by posting notices and messages on the Canadian Music Centre website. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

The Canadian and international laws of copyright and other intellectual property laws protect the written, visual, digital, and audio content (“Content”) that is made available by the Services. Copyrights in the Content are held by their respective owners.

The download of, and access to, any Content is available to users of the Services, and is intended only for personal and non-commercial use. Any other use of the Content downloaded or accessed through the Services is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as may be expressly permitted by the copyrightholder(s) or by law. By downloading or otherwise accessing Content from the Service, you hereby acknowledge and agree to these Terms.

For Content downloaded or accessed from the lending library services, at the end of the lending period, your license to the Content terminates, and you may no longer use or access the Content. At the end of the lending period, you shall delete and/or destroy any and all copies of the Content. The Canadian Music Centre reserves the right to suspend or terminate your ability to use or access the Services or the Content if these Terms are not complied with.

Except as noted, the compilation of all Content included in or made available through the Service is the exclusive property of the Canadian Music Centre and protected by Canadian and international copyright laws.

Licence and Access to the Services

Subject to your compliance with these Terms of Use and your payment of any applicable fees, the Canadian Music Centre, or its content providers, as applicable, grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services. This licence does not include any resale or commercial use of any Service or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or the Content; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by the Canadian Music Centre or the publishers, rightsholders, or other content providers, as applicable. No Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Canadian Music Centre or the rightsholder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Canadian Music Centre without express written consent. Use of the Services that is not compliant with these Terms or with any applicable laws will be deemed misuse, and all access and licences granted by the Canadian Music Centre or its content providers may be terminated if you do not comply with these Terms of Use or any Service Terms.

Your Account

If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other electronic devices, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province of residence, you may use the Services only with involvement of a parent or guardian. The Canadian Music Centre reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin any posted content. The Canadian Music Centre reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant the Canadian Music Centre a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant the Canadian Music Centre and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Canadian Music Centre for all claims resulting from content you supply. The Canadian Music Centre has the right but not the obligation to monitor and edit or remove any activity or content. The Canadian Music Centre takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

The Canadian Music Centre respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the contact information below.

Risk of Loss

Risk of loss and title for items purchased from the Canadian Music Centre pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

At our sole discretion, a refund may be issued upon request.

Product Descriptions

The Canadian Music Centre attempts to be as accurate as possible. However, the Canadian Music Centre does not warrant that product descriptions or other content of any the Service is accurate, complete, reliable, current, or error-free. If a product offered by the Canadian Music Centre is not as described, your sole remedy is to request a refund.

Third Party Links

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. The Canadian Music Centre does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE CANADIAN MUSIC CENTRE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE CANADIAN MUSIC CENTRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CANADIAN MUSIC CENTRE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CANADIAN MUSIC CENTRE DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR EMAIL SENT FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CANADIAN MUSIC CENTRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.

Site Policies, Modification, and Severability

Please review our other policies, posted on the Canadian Music Centre website. These policies also govern your use of the Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Contact Information

Questions about these Terms of Service should be sent to us at:
CMC National Office
20 St. Joseph Street
Toronto, ON M4Y 1J9
Tel: 416.961.6601
Email: info@musiccentre.ca

The Canadian Music Centre website Terms of Service, February 2018.