This Digital Drum Membership Agreement (this "Agreement") governs your access to and use of Member-only features of the website located at www.digitaldrum.ca ("Digital Drum"). The Aboriginal Peoples Television Network ("APTN") owns, operates or contracts with third parties to provide the video, music, blogs and other services that are available on and through Digital Drum.
As used in this Agreement, "you" means (and "your" refers to) a "Member" (someone who has registered with Digital Drum). "We" means (and "us", "our", and "ours" refer to) APTN and/or Digital Drum.
TO AGREE TO THESE TERMS, CLICK THE "I AGREE" BUTTON BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK "I AGREE" AND DO NOT USE THE MEMBER SERVICES.
IT IS IMPORTANT THAT YOU CAREFULLY READ THE FOLLOWING.
Services we offer to Members
Digital Drum is a community-driven performance space on the Internet. It exists as a cultural expression post, cultural language and cultural music video viewing site, social gathering spot and a forum to record and upload your own audio and video performances and educational teachings.
If you become a Member, Digital Drum will provide you with the opportunity to submit and access Content using the Member Services, as described below. You agree that your use of the Content will be governed by the terms of this Agreement.
Register as a Member
To become a Member, you may be required to submit a username and/or an email account, or to create a username and password. If we determine the user name you have chosen is in use by someone else or is otherwise offensive, we may refuse to allow you, in our sole discretion, to use your chosen username. In addition, you are responsible for keeping your password secret and you are responsible for all uses on Digital Drum of your username, whether or not you authorize such uses. You agree to notify us of any unauthorized use of your username and/or password. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROTECT YOUR PASSWORD.
When you register as a Member, you agree the registration information you submit to us will be truthful and accurate, and that you will keep this information accurate and up to date. You agree that you will not register with Digital Drum if your registration would violate any applicable laws.
If you become a Member of Digital Drum, you will have access to the "Member Services", subject to the terms and restrictions that are contained in this Agreement. The Member Services include:
- Uploading: you may upload your work onto Digital Drum in such media formats and using such software and other technology as Digital Drum may implement, from time to time;
- Blog: you may display, publish or post information on Digital Drum, including, without limitation: (i) text, graphics, music, photos, animation, artwork, data, information, hypertext links, scripts or other material; and (ii) websites and contents proximately reachable from such content, on a Blog that is available to you on the Digital Drum server; and
- Comment: you may submit text comments with your ratings of material submitted by other Digital Drum Members.
The materials and content you submit to Digital Drum using the Member Services are referred to in this Agreement as the "Content". When you provide Content, you consent to our collection, use and disclosure of your personal information that is contained in the Content for the purpose of offering the Member Services to you and others who use Digital Drum.
Who Owns the Content
You retain ownership in and to the Content. However, you agree to grant us a non-exclusive, royalty-free worldwide licence to use the Content, as we see fit, in our sole discretion, for the purpose of providing the Member Services and operating Digital Drum. This means we can use, copy, modify, delete, adapt, add, publicly perform, display and reproduce, in any distribution method now known or later developed, the Content, or your name of your likeness, for the purpose of providing the Member Services, and WE ARE UNDER NO OBLIGATION TO PAY YOU OR OTHERWISE PROVIDE YOU WITH ANY CONSIDERATION (OTHER THAN ALLOWING YOU TO USE THE MEMBER SERVICES, WHICH YOU AGREE IS VALUABLE AND ADEQUATE CONSIDERATION) FOR THE CONTENT OR OUR USE OF YOUR NAME OR LIKENESS.
IF WE MAKE ANY MODIFICATIONS, ADAPTATIONS, ADDITIONS OR OTHER CHANGES TO YOUR CONTENT, OR IF YOUR CONTENT INCORPORATES ANY DIGITAL DRUM MATERIAL, YOU AGREE THAT WE WILL OWN ALL RIGHTS IN AND TO THESE CHANGES TO YOUR CONTENT, EXCEPT FOR LYRICS YOU UPLOAD, WHICH YOU WILL CONTINUE TO OWN. You agree to waive enforcement of your moral rights (which include the rights of attribution, integrity and association) in all such changed Content.
You agree that any rights you assert in and to your Content will be subject to standards of commercial reasonableness, and that you will waive enforcement of your moral rights in the Content as long as we are using the Content for the purpose of providing the Member Services or operating Digital Drum.
The term of the licence you grant us will continue for as long as is required for us to provide the Member Services to you and other Members. In any event, the term of this licence will be no shorter than five years from the date on which you post your Content. At the end of this first five-year term, the licence will automatically renew for successive five-year terms unless you tell us otherwise, in writing, no less than six months before the expiration of the licence.
We may grant a sublicence to others that will enable them to use the Content.
Rules Governing Your Use of the Member Services
When you use the Member Services, you are responsible for your own actions and Content, and you must comply with all applicable laws, rules and regulations. In addition, your use of the Member Services is based on the following rules of conduct. When you post Content, you will not:
- post, transmit, or otherwise make available any Content that is or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; (v) an infringement of another person's privacy by disclosing the personal information of another individual without their knowledge and consent; or (vi) in violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation;
- post, transmit, or otherwise make available any Content that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
- use the Member Services for any commercial reasons whatsoever; or
use, or attempt to use, the Member Services to post, transmit, or otherwise make
available any Content which would give rise to criminal or civil liability; which
encourages conduct that constitutes a criminal offence; or which encourages
or provides instructional information about illegal activities, or activities such as
Information travels quickly and easily on the Internet. As a result, you need to take steps to protect yourself when you post Content:
- YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU POST; and
- Content you post will not include telephone numbers, street addresses, last names, passwords or any other information that could reasonably be used by a stranger to find you.
We reserve the right to disclose, at any time, any Content you provide to us as is required to comply with applicable laws, and the right to remove, alter, edit or otherwise modify any Content that is in violation of the terms and conditions of this Agreement. We also reserve the right to limit availability of storage capacity to you on Digital Drum, in our sole discretion. ANY PERSON WHO IS FOUND OR REASONABLY SUSPECTED TO HAVE VIOLATED THE RULES OF CONDUCT PROVIDED ABOVE MAY BE BARRED FROM USING DIGITAL DRUM, OR HAVE THEIR ABILITY TO USE THE MEMBER SERVICES SUSPENDED, AND MAY BE SUBJECT TO OTHER LEGAL REMEDIES.
Limits on our Responsibility to you or others
YOU, NOT US, ARE RESPONSIBLE FOR CONTENT YOU POST. WE MAY MODIFY, SCREEN OR MONITOR CONTENT, BUT WE ARE UNDER NO OBLIGATION TO DO SO.
Through your use of the Member Services, you may encounter Content that may be deemed offensive, indecent or objectionable. YOU AGREE TO USE THE MEMBER SERVICES AT YOUR RISK, AND DIGITAL DRUM SHALL HAVE NO LIABILITY TO YOU OR ANYONE ELSE FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FOUND TO BE OFFENSIVE, INDECENT OR OBJECTIONABLE.
You agree that any Content that is submitted to or posted on Digital Drum becomes public and shall not be confidential. WE ARE NOT RESPONSIBLE FOR CONSEQUENCES ARISING FROM THE PUBLIC RELEASE OF ANY CONTENT.
We provide software and plug-ins that you may use to post and view Content. WE ARE NOT RESPONSIBLE FOR ANY DIFFICULTIES OR CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THIS SOFTWARE OR PLUG-INS.
WE ARE NOT RESPONSIBLE FOR YOUR LOSS OF THE CONTENT. WE ARE NOT LIABLE TO YOU IF THE CONTENT BECOMES UNAVAILABLE FOR DOWNLOAD OR IF YOU CANNOT ACCESS THE MEMBER SERVICES. However, if you are not able to access, view, use or display the Content after it is downloaded, please contact us as email@example.com for assistance.
If you have a complaint about Content on Digital Drum, please send an email to firstname.lastname@example.org with the relevant time, date, the name of the Member who submitted the Content (if known) and a brief description of the reason for your complaint.
You agree to pay us, our owners, subsidiaries, affiliates, representatives, agents, licensors and their respective heirs, administrators, executors, successors and assigns (as the case may be) the value of any losses or harm we suffer because of your use of Digital Drum, the Member Services or the Content. You also agree you will not seek any money or any other compensation from us because of any claim or demand, including for reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through Digital Drum, the Member Services or the Content.
We use generally accepted industry standards to protect against the loss, misuse and alteration of your Content while it is under our control. Only authorized individuals have access to the Content you provide us. WHILE WE WILL USE GENERALLY ACCEPTED INDUSTRY STANDARDS TO PREVENT LOSS, MISUSE OR ALTERATION TO YOUR CONTENT, WE CANNOT GUARANTEE THAT SUCH UNFORTUNATE OCCURRENCES WILL NOT OCCUR.
This Agreement will continue until it is terminated by us or by you. YOUR BREACH OF ANY TERM OF THIS AGREEMENT WILL RESULT IN AN IMMEDIATE TERMINATION UNDER THIS AGREEMENT. ALL OF YOUR RIGHTS WILL END UPON THE TERMINATION OF THIS AGREEMENT.
The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 2, 4, 5, 6, 7, 8 and this Section 9.
If you have any questions about Digital Drum, the Member Services, the Content or this Agreement, please contact us at:
339 Portage Avenue
Winnipeg, MB R3B 2C3
Phone: 1-888-278-2268 ext. 358