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Terms and Conditions
APTN DIGITAL DRUM Agreement
Membership Agreement (1), Terms of Use (2) and Privacy Policy (3).
Please Read This Document Carefully – This Agreement governs your relationship with the Aboriginal Peoples Television Network, Inc. (“Digital Drum”) and your access to www.digitaldrum.ca (the “Website”) whether you choose to become a Member (Sections 1, 2 & 3) or just want to surf the site (Sections 2 & 3).
PLEASE NOTE that Digital Drum reserves the right to modify any or all terms of this Agreement from time to time and such modification shall be effective immediately upon being posted by Digital Drum on the Website. You agree to be bound to any changes to this Agreement when you use the Website and/or the Membership Privileges (see below) after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
This Agreement was last updated: March 31, 2007
Who we are: Digital Drum is a community-driven performance space on the Net. It exists as a cultural expression post, cultural language and cultural music video viewing site, social gathering spot, forum to record and upload your own audio and video performances and educational teachings.
Who you are: Anyone who is interested in what Digital Drum has to offer. You should be old enough to be exposed to mature content as defined by the laws of your area (including lyrics, sounds and images of a sexual, violent, controversial or political nature). If you want to become a Member you must also be at least nineteen (19) years old and otherwise capable of entering into a legally binding contract under applicable law.
By clicking “I Accept” you represent that you have read, understood and accept all of the following terms, and that the below facts are true:
SECTION 1 - MEMBERSHIP AGREEMENT
1. By clicking “Sign Me Up” Digital Drum makes you a Member with certain Membership Privileges to access, record and upload information on the Website. You agree that Membership has an intrinsic economic value that acts as consideration for entering into this Agreement. You may choose your Membership username but if your choice is already taken, or if Digital Drum, at its sole discretion, decides yours is inappropriate, one will be assigned to you. Only Members can Upload, Blog, Chat and Comment (see below). Some or all of your Membership Privileges can be suspended for a time or indefinitely at Digital Drum's sole discretion.
2. Membership and use of Membership Privileges is void where prohibited. By becoming a Member and using Membership Privileges you represent and warrant that (a) all Member registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and otherwise capable of entering into a legally binding contract under applicable laws; and (d) your Membership and use of Membership Privileges does not violate any applicable law or regulation. Your Membership may be terminated without warning if we believe that you are under 18 years of age.
3. You alone are responsible for keeping your Membership username and password confidential, and you are responsible for any and all activity that occurs on this Website under your password or Membership username. You agree to immediately notify Digital Drum of any suspected unauthorized use of your password or Membership username or any other breach of security. Digital Drum will not be liable, directly or indirectly, for any loss or damage of any kind incurred by you or anyone else as a result of your failure to protect the confidentiality of your password and/or Membership username.
4. To Upload means you have the opportunity to record and electronically upload your raps, lyrics, beats, samples, images and video (collectively the “Work”) onto the Digital Drum server using Digital Drum’s software, hardware and technology.
5. By Uploading your Work any and all rights the Work, including ancillary (including what are commonly known as the synch, performance and recording rights) and moral rights, plus the right to use your name, likeness, professional name and Membership username, in all media currently existing and any media which will exist in the future in all territories throughout the universe for all time, are licensed by you to Digital Drum on a non-exclusive basis for a period of five (5) years.
6. Digital Drum is free to use (or not use), modify, edit, alter, remix, juxtapose, compile, broadcast, advertise, market, sub-license and sell the Work any way it sees fit at its sole discretion for so long as the license is in place.
7. If Digital Drum, at its sole discretion modifies, adds to or alters your Work in any way during the license period, or if your Work incorporates any of the sounds, music, samples or beats provided by Digital Drum on the Website, then the Work is or becomes a Created Recoding. Any and all rights in and to the Created Recording, including all copyright, sync, performance and recording rights, all ancillary rights and moral rights, shall be the sole property of Digital Drum, excluding any and all rights to your lyrics, which remain with you. Any and all of your rights in and to the lyrics used in the Creative Recording in all media currently existing and any media which will exist in the future in all territories throughout the universe for all time, are licensed by you to Digital Drum on a non-exclusive basis for a period of five (5) years.
8. The licenses you grant to Digital Drum will automatically renew for additional five year periods for another five (5) years unless you inform Digital Drum in writing, at the address set forth below, of your intention not to renew at least six months before the expiry of the current license period.
9. You represent and warrant that those elements of your Work or Creative Recording Uploaded by you and not provided by Digital Drum are all owned entirely by you at the time of the Upload and that you will indemnify Digital Drum against any and all claims by third parties who challenge this, including, but not limited to, damages and legal fees.
10. Digital Drum is not obliged to pay you any consideration, royalties, fees or buy-outs for your Work or Creative Recording or the use of your name, likeness, professional name or Membership username outside of the terms contained in this Agreement and any other subsequent written Agreements entered into between you and Digital Drum. All claims for monetary or non-monetary consideration, compensation, royalties, fees or buy-outs for your Work or Creative Recording outside of the terms of this Agreement are expressly and forever waived. Digital Drum may, at its sole discretion, modify this Agreement or enter into a new Agreement with you in respect of sharing revenues generated from your Work or Creative Recording outside of the Website, and you understand that this discretion is exercised on a case-by-case basis.
14. To Blog means the opportunity to display or publish (“post” or "posting") any information 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 (collectively, "Content") on a web log (the “Blog”) set aside by Digital Drum for you on the Digital Drum server for that purpose and accessible via the Website.
Upon posting, you grant (or warrant that the owner of such material expressly grants) to Digital Drum a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Content and to incorporate the Content in other works in any form, media, or technology now known or later developed for as long as the Content is on the Blog. In addition, you waive all moral rights in such materials. You represent and warrant that: (i) you own the Content posted by you or otherwise have the right to grant the rights and licenses set forth in this section, and (ii) the posting of your Content on the Blog does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you. You are solely responsible for your Content, and Digital Drum will not be liable in any way for any error or omission, or loss or damage of any kind arising from your Content.
Digital Drum will not not pre-screen your Content, but has the right, but not the obligation, in our sole discretion, to modify, refuse or remove your Content, and/or to suspend the Membership Privileges of any Member to Blog or to enjoy any other Membership Privilege at our sole discretion. By posting your Content to our Website, such information shall be deemed to be non-confidential. You acknowledge and agree that Digital Drum may archive your Content for internal purposes, but has no obligation to do so, and may also disclose your Content at any time and for any reason for its own purposes or as required by law. Please note that unless stated otherwise for specific services, and subject to the terms and conditions above, you will retain all copyright in the Content so long as it originally belongs to you, and the above license, save and except the archiving provisions, shall be maintained only for so long as the Content is posted on the Blog.
17. To Chat means the opportunity to use, read and communicate on Digital Drum's exclusive chat room network. Digital Drum will not not pre-screen your Chat, but has the right, but not the obligation, in our sole discretion, to modify, refuse or remove your Chat, whether at our own recognizance or upon the complaint of any other Member (to lodge a complaint please send an email to flag@digitaldrum.ca with the relevant time, date, chatroom name and Membership handles involved), and/or to suspend the Membership Privileges of any Member to Chat or to enjoy any other Membership Privileges at our sole discretion. By Chatting on our Website, such information shall be deemed to be non-confidential. You acknowledge and agree that Digital Drum may archive your Chat, but has no obligation to do so, and may also disclose your Chat at any time and for any reason for its own purposes or as required by law.
18. To Comment means the opportunity to include text comments with your ratings of other Digital Drum members' Content. You are solely responsible for your Comments, and Digital Drum will not be liable in any way for any error or omission, or loss or damage of any kind arising from your Comments. Digital Drum will not pre-screen your Comments, but has the right, but not the obligation, to modify, refuse or remove your Content, and/or to suspend the Membership Privileges of any Member to Comment or to enjoy any other Membership Privileges at our sole discretion. By posting your Comments to our Website, such information shall be deemed to be non-confidential. You acknowledge and agree that Digital Drum may archive your Comments, but has no obligation to do so, and may also disclose your Content at any time and for any reason for its own purposes or as required by law.
19. Please choose carefully the information you post on Digital Drum and that you provide to other Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using and accessing the Website and all content contained therein. Your Content,Blog, Comments and Chat may not include the following items: telephone numbers, street addresses, last names, passwords, viruses, spyware, malware, illegal software or warez or any hyperlinks to same, and any images, audio or video files containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, illegal or otherwise objectionable subject matter. Despite this prohibition, you represent and warrant that you understand that information provided to you by other Digital Drum Members might contain inaccurate, inappropriate, offensive or sexually explicit material, products, viruses, malware or other progams, and Digital Drum assumes no responsibility or liability for this material. If you become aware of misuse of the Membership Privileges by any person, please contact flag@digitaldrum.ca.
20. You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of - or restrict or inhibit the use and enjoyment of - this site by any third party. Such restriction or inhibition includes, without limitation, conduct that is unlawful or that breaches another person's intellectual property rights or or that may harass or cause distress or inconvenience to any person and the transmission of defamatory, pornographic, obscene or offensive content or disruption or normal flow of dialogue within this site. Do not Upload or post on your Blog or include in your Chat or Comments any defamatory or illegal material, including text, graphics, video, programs or audio or hyperlinks to same. Uploading or posting material, including hyperlinks or mirrors, with the intention of causing damages or committing an illegal act is strictly prohibited.
21. Digital Drum assumes no responsibility for monitoring the Website for inappropriate Work, Content, Chat, Comment or conduct. If at any time Digital Drum chooses, in its sole discretion, to monitor the Website, Digital Drum nonetheless assumes no responsibility for the Work, Content Chat, Comment or conduct, no obligation to modify or remove any inappropriate Work, Content Chat, Comment or Member, and no responsibility for the conduct of the Member submitting any such Work, Content Chat or Comment.
22. Uploads, Blogs and all other Membership Privileges may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Digital Drum. Illegal and/or unauthorized use of Membership Privileges, including collecting member usernames, passwords, email addresses, civic and/or legal addresses and/or personal or business information of Members or any other users of the Website by electronic or other means for any purpose is prohibited. Unauthorized mirroring or, framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation shall be removed without notice and may result in suspension of Membership Privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Membership Privileges.
23. You agree to defend, indemnify and hold harmless Digital Drum, its respective affiliates, officers, employees, shareholders, agents, funders and licensors from and against any and all costs, claims, fines, penalties, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable legal and accounting fees arising out of or in connection with (a) your Work or Creative Recording, (b) your Content, (c) your Chat (d) your Comments and/or (e) your (or anyone acting under your password or Membership username) use of this Website, or any alleged violation by you of any of the terms contained in this Agreement. Notwithstanding the foregoing, Digital Drum retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Digital Drum and in no event shall you settle any such claim without our prior written approval.
25. You may cancel your Membership at any time by emailing help@digitaldrum.ca. Cancellation of Membership does not terminate Digital Drum’s ongoing rights and licenses in and to your Content.
SECTION 2 – TERMS OF USE
26. Members and non-Members are welcome to visit and enjoy the Website, read the Blogs and Comments and to listen to, view and download Work and Content on the Website and Blogs, provided that: (i) you may only do so for personal, informational, non-commercial purposes; and (ii) you may not modify or alter the Website, Work or Content in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available any information, Work or Content the Website in whole or in part without the express written authorization of Digital Drum or the applicable copyright owner or agent.
27. The Website contains mature content, including songs, lyrics and imagery which may be of a violent, sexual, controversial or political nature. By exploring this Website you are representing that you do not object to being exposed to this content, and that the laws of your country, state, province or community do not forbid you to be exposed to such content for any reason, including age restrictions and the indecency or obscenity standards of your community, area or country.
28. Digital Drum, at its sole discretion, reserves the right to unilaterally remove from the site any material that it deems to be racist, pornographic, defamatory, harassing or otherwise offensive, unlawful or illegal. However, given the "always on" nature of the World Wide Web, it is realistic to expect that, at times, the site will contain material that you are offended by. If you encounter such content, please immediately notify us at flag@digitaldrum.ca.
29. The Website may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties ("Other Site(s)"). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by Digital Drum of any Other Site, its resources, or its content. Digital Drum will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites. You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website, including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. You agree that Digital Drum will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. Digital Drum reserves the right to deny or revoke permission to link to the Website from any Other Site for any reason in our sole discretion.
30. Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.
APTN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
APTN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APTN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS CONTAINED ON, THE WEBSITE OR ANY CONTENT OR SERVICE THEREIN, EVEN IF APTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE AMOUNT PAID FOR A GIVEN SERVICE.
SECTION 3 – PRIVACY POLICY
31. Digital Drum is committed to preserving and safeguarding your right to privacy. As part of this commitment, we want you to be fully aware of what happens to the personal information we collect through your Membership as well as your general use of the Digital Drum website at www.digitaldrum.ca (the “Website”).
32. When you register for your Membership we collect your name, username, password, e-mail address, IP address, mailing address, and telephone number. In addition, we may collect your comments, suggestions, feedback and any other communications you effect on or through the Website including through e-mail or postings on bulletin boards or chat rooms.
33. In respect of Members as well as non-Member visitors, we may also automatically collect general anonymous information related to your use of our Website, such as the date and time you visit the Website, the last site your computer visited before arriving at our Website, and the pages you visit on the Website. In addition, we collect “cookie” information from your browser to identify your computer and provide us with a record of your visits to our Website. The technology used to gather “cookie” information is provided by the Internet browser you use, and may be turned off by using your browser preference buttons (collectively, the foregoing is referred to as “Usage Data”). This statistical information helps us to understand how our Website is used (e.g., which pages or sections are most popular and when are the peak activity times), which assists us in planning for future improvements to the Website. The personal information you provide us to register your Membership, or to receive e-mail communications, is used to identify who you are and, if applicable, to provide you with information you requested to receive about our products, services and promotions, updates to our Website and other Website features. We also may use this information to resolve customer service requests, complaints and other queries. We may also use this information to contact you for various customer service related issues. Cookie information is used to personalize the content and/or layout of the Website for each individual user. We use feedback information and Usage Data to monitor and improve the use and features of the Website. Except as set out in this Agreement, we will not sell, transfer or otherwise disclose any of your personal information to any third party without your consent. Demographic, profile and Usage Data may be shared anonymously with third parties, but only on an aggregate basis. In addition, we must provide your personal information in response to a search warrant or other legally valid enquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We may also disclose personal information to assist us in collecting a debt owed by you. In addition, in the event that we sell all or part of our business or make a sale or transfer of assets or are otherwise involved in a merger or business transfer, we may transfer your personal information to a third party as part of that transaction. In such circumstances, the third party will only use or disclose your personal information in accordance with the privacy policy in effect at the time of the collection of your personal information or as you otherwise consent. The Website may include links to third party websites. These third parties have separate and independent privacy policies. Any personal information you share with these third parties through their websites will be administered under their privacy policies. We have no control over third party privacy policies and therefore have no responsibility or liability for the manner in which third parties may collect, use or disclose and otherwise treat your personal information.
34. Excluding the Work and Content, Digital Drum owns all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Website (and any derivative works or enhancements thereof), including but not limited to all information, content, materials, products, services, URLs, software, technology, editorial or user guidelines, documentation and the Digital Drum samples, beats and music. You shall not acquire any right, title or interest therein, except for the limited use rights expressly set forth in this Agreement. Any rights not expressly granted herein are deemed withheld.
35. Copyright Infringement. Without admitting liability, a duty of care or a duty to act, Digital Drum will take reasonable steps to respond to claims of copyright infringement that are reported to the address below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work or work you represent has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Digital Drum by providing us with the following information:
● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a precise list of such works;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Digital Drum to locate the material;
● Information reasonably sufficient to permit Digital Drum to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
● A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
● A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
● All claims of copyright infringement on or regarding this Site should be delivered to Digital Drum at the following address: copyright@digitaldrum.ca
36. The Membership Agreement, Terms of Use, the Privacy Policy, and any other terms and conditions posted on the Website from time to time, constitute the entire agreement between you and Digital Drum with respect to the use of the Website. These Terms of Use are to be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein. Any legal action concerning these Terms of Use on this Website must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of Manitoba. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
37. If you have any questions, comments or concerns about the Website or these Terms of Use, you may reach us in the following ways:
Digital Drum
Phone: 1-888-278-2268 ext. 358
E-mail: inquiries@digitaldrum.ca
Skype: DigitalDrum
Digital Drum
339 Portage Avenue
Winnipeg, MB
R3B 2C3
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
