SONY MUSIC ENTERTAINMENT CANADA INC. WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS

SONY MUSIC ENTERTAINMENT CANADA INC. WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS

(Contains legal information, including the terms and conditions applicable to this website. PLEASE READ THIS CAREFULLY!)

This Internet website is the property of Sony Music Entertainment Canada Inc. References to "Sony Music", "Sony Music Online Services", “myplay” or "this website" shall also be deemed to be references to Sony Music Entertainment Canada Inc.

SONY MUSIC PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES PROVIDED HEREON, INCLUDING FORUMS AND CHAT ROOMS (THE "SONY MUSIC ONLINE SERVICES") SUBJECT TO YOUR COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SONY MUSIC ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SONY MUSIC WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE SONY MUSIC ONLINE SERVICES. THUS, IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS.

TERMS AND CONDITIONS

TRADEMARK AND COPYRIGHT INFORMATION

All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Sony Music and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Sony Music in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.

CODE OF CONDUCT

The following rules, policies, and disclaimers shall govern and/or apply to your use of the Sony Music Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).

We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Sony Music, its labels, or any person or property associated with Sony Music, the Sony Music Online Services, this website, or any other website in the Sony Music family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.

You agree, by using this website or the Sony Music Online Services, that: (1) you will not use this website or any of the Sony Music Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one's privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the Sony Music Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the Sony Music Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party's copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Sony Music Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the Sony Music Online Services.

Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Sony Music and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).

Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Sony Music websites and any related Sony Music Online Services (including bulletin boards and chat rooms).

WARRANTY DISCLAIMER

SONY MUSIC HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDE THIRD PARTY MATERIALS ON THIS WEBSITE. IN ADDITION, LINKS AND POINTERS TO THIRD PARTY SITES MAY BE POSTED ON FORUMS OR CHAT ROOMS. NEITHER SONY MUSIC, ITS PARENT OR THEIR RESPECTIVE AFFILIATES, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES AND THE THIRD PARTY SITES.

SONY MUSIC, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES, OR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES, AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNED AND/OR THOSE SERVICES. SONY MUSIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES AND/OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONY MUSIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE SONY MUSIC ONLINE SERVICES, OR ANY THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT SONY MUSIC) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS.

FOR THE AVOIDANCE OF DOUBT, SONY MUSIC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THIS WEBSITE.

VOID WHERE PROHIBITED

Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Sony Music reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

LICENSE TO SONY MUSIC

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you agree to (A) grant to Sony Music its successors, licensees and assigns a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication, in each case including the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, (B) absolutely and irrevocably waive in favour of Sony Music and its successors, licensees and assigns, all moral rights in respect of any such communications, and (C) execute and deliver such further documents and do such further acts and things as Sony Music may request for the purpose of giving effect to the foregoing.

MAKING PURCHASES

If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Click here to see the Sony Music privacy policy.)

PERSONAL INFORMATION

Personally identifiable information relating to you collected on this website or the Sony Music Online Services will be collected, used, maintained and disclosed in accordance with Sony Music’s privacy policy (Click here to see the Sony Music privacy policy.)

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Sony Music and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions. Sony Music reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

LITIGATION ISSUES

These terms and conditions are entered into in the Province of Ontario and shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.

MISCELLANEOUS

In the event that any of the provisions of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

Sony Music may modify these terms and conditions from time to time. You agree to be bound to the modifications and should therefore periodically visit this page to review the current terms and conditions to which you are bound.

JURISDICTION AND LANGUAGE

You agree and acknowledge that your use of this website, and all transactions occurring in connection with this website, shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. English shall be the language of this website and the Sony Music Online Services and you waive any right to use and rely upon any other language, or translations.