As used in this Agreement, "you" means (and "your" refers to) a "Visitor" (someone who is browsing Digital Drum but has not registered with Digital Drum) and a "Member" (someone who has registered with Digital Drum). "We" means (and "us", "our", and "ours" refer to) APTN and/ or Digital Drum.
IT IS IMPORTANT THAT YOU CAREFULLY READ THE FOLLOWING.
Acceptance of Terms
By accessing and continuing to use Digital Drum, you are indicating your acceptance to be bound by the terms and conditions of this Agreement, whether you are a Visitor or a Member. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS DIGITAL DRUM.
Modifications, Notices and Electronic Communication
The Internet changes every day, and so does Digital Drum. Therefore, we may revise this Agreement, at any time, by updating this posting. These revisions will become effective as soon as they are posted to Digital Drum, unless we say otherwise. We may provide notice to you of such revisions by means of a general notice on Digital Drum. Your continued use of Digital Drum after these revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement. You consent to receiving communication from us electronically. YOU ALSO AGREE THAT ALL AGREEMENTS AND ANY OTHER COMMUNICATION WE PROVIDE TO YOU ELECTRONICALLY WILL SATISFY ALL LEGAL REQUIREMENTS THAT THIS COMMUNICATION BE IN WRITING, AND YOU ACKNOWLEDGE THAT YOUR ELECTRONIC COMMUNICATION TO US CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS.
Your use of our Services
Digital Drum is a community-driven performance space. It is a cultural expression post, a cultural language and cultural music video viewing site, a social gathering spot and a forum to record and upload your own audio and video performances and educational teachings. All of this information is referred to in this agreement as the "Materials".
We offer the Services on and through Digital Drum, which allow you to access the Materials in the manner described above. You can use the Services only if you agree to the terms and conditions of this Agreement.
To allow you to use the Services, we will grant you a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Services, including a limited license to view, print and access the Materials, for your personal use, as long as you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in Digital Drum, the Services and the Materials. These Materials must not be reproduced, republished, or disseminated in any manner or form without our prior written consent, or the consent of the owner of the Material, if different than us. Despite anything else in this Section 3, you may copy or share Materials where expressly permitted by Digital Drum (for example, where Digital Drum allows you to share Materials), as long as you observe the terms and conditions of this Agreement.
Digital Drum operates a special service for Members that allows you to use Member Services, as that term is defined in a separate Membership Agreement between Digital Drum and its Members. YOU ACKNOWLEDGE THAT YOUR USE OF SUCH MEMBER SERVICES SHALL BE GOVERNED BY A MEMBERSHIP AGREEMENT THAT MAY BE ENTERED INTO BETWEEN YOU AND DIGITAL DRUM, THE TERMS OF WHICH CAN BE ACCESSED HERE: http://www.digitaldrum.ca/agreement. If there is a conflict between this Agreement and the Membership Agreement, the terms of the Membership Agreement will prevail and govern.
UNDER NO CIRCUMSTANCES WILL WE BE REQUIRED TO PAY YOU, OR WILL YOU BE ENTITLED TO PAYMENT FROM US.
Rules Governing your use of the Services
When you use Digital Drum, you must comply with all applicable laws, rules and regulations. In addition, your use of Digital Drum is based on the following rules of conduct. You will not:
- post, transmit, or otherwise make available any material 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; or (v) an infringement of another person's privacy by disclosing the personal information of another individual without their knowledge and consent;
- post, transmit, or otherwise make available any material 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 Digital Drum in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws and the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio- television and Telecommunications (Canada);
- use Digital Drum to post, transmit, or otherwise make available any material 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 computer hacking;
- impersonate any person or entity, including, but not limited to, any representative of Digital Drum or APTN; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent;
- post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment;
- interfere with or disrupt Digital Drum;
- post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation; or
use Digital Drum, the Services or the Materials for any commercial purpose
whatsoever, except with our express written consent.
ANY PERSON WHO IS FOUND OR REASONABLY SUSPECTED TO HAVE VIOLATED THE RULES OF CONDUCT PROVIDED ABOVE MAY BE BARRED FROM USING DIGITAL DRUM, THE SERVICES OR THE MATERIALS, AND MAY BE SUBJECT TO OTHER LEGAL REMEDIES.
Ownership of the Materials
All Materials and the selection and arrangement of the content of Digital Drum and the Services are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. This means that we either own the intellectual property rights (including copyright), or we have acquired the necessary rights and/or licences, in and to the Materials. That is because portions of the Materials may have been licensed to us and/or published on Digital Drum by third parties, such as you or other Members.
You are entitled to copy any Materials for your own personal use (as long as you attribute the Materials to Digital Drum), but any other reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of Digital Drum, the Services or the Materials, whether in whole or in part, without our prior express written permission, is strictly prohibited. This means you may download and view Materials as is permitted by Digital Drum, but you may not use the Materials for your own commercial gain.
Certain words, phrases, names, designs or logos on Digital Drum may constitute trademarks, services marks, or trade names of us or others. The display of such marks on Digital Drum does not imply that you have been granted a licence by us or by other entities with respect to them.
Without admitting liability, a duty of care or a duty to act, we 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 you 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 copyrighted 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 is the subject of infringing activity, 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 Digital Drum, the Services or the Materials should be delivered to Digital Drum at the following address: firstname.lastname@example.org.
You will be truthful and accurate when you tell us your age. If you are a minor, you will not become a Member or post content to Digital Drum without the agreement of your parents or your legal guardian.
You will not register as a Member if you are under 13 years of age.
Please advise us to request permission to link to Digital Drum. We reserve the right to cancel and revoke any permission we may give to link to Digital Drum at any time, for any reason, without any notice, and without any liability to you or any other person.
Limits on our Responsibility to you or others
Access to Digital Drum and the Services and Materials provided on Digital Drum is provided "as is" and without warranties of any kind either express or implied. BY ACCESSING AND USING DIGITAL DRUM, YOU ACKNOWLEDGE AND AGREE THAT IT IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATION AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS REGARDING USE OF DIGITAL DRUM, THE SERVICES OR THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
WE ARE NOT RESPONSIBLE FOR ANY MATERIALS OR OTHER INFORMATION ON DIGITAL DRUM OR ANY LINKED SITE THAT YOU MAY FIND OFFENSIVE, UNDESIRABLE OR OBJECTIONABLE. We may modify, screen or monitor Digital Drum, the Services, or the Materials, but we are under no obligation to do so. By visiting Digital Drum, 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. If you encounter content you find offensive, please immediately notify us at email@example.com.
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE, OUR OWNERS, SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AGENTS, LICENSORS OR THEIR RESPECTIVE HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS (AS THE CASE MAY BE), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER CAUSED, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR INABILITY TO USE, DIGITAL DRUM, ANY ACCURACY, TIMELINESS, INCOMPLETENESS, OR INCORRECTNESS CONTAINED ON THE SERVICES OR THE MATERIALS DISPLAYED, ACCESSED OR USED ON DIGITAL DRUM, OR YOUR RELIANCE OR ACTING UPON THE SERVICES OR THE MATERIALS ON DIGITAL DRUM, INCLUDING ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OF PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, IN EQUITY, AT LAW OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO: (I) A TRIAL BY JURY; AND (II) COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST DIGITAL DRUM OR APTN RELATED TO YOUR USE OF DIGITAL DRUM, THE SERVICES, THE MATERIALS OR THIS AGREEMENT AND, WHERE, APPLICABLE, YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST DIGITAL DRUM, APTN OR ITS LICENSORS.
Sites we may Link to
Digital Drum includes links to other sites solely as a convenience to you. WE DO NOT ENDORSE ANY SUCH LINKED SITES OR THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES CONTAINED ON OTHER LINKED SITES OR ACCESSIBLE THROUGH OTHER LINKED SITES. FURTHERMORE, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, MATERIAL, PRODUCTS OR SERVICES THAT ARE CONTAINED ON OR ACCESSIBLE THROUGH LINKED SITES, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. ACCESS AND USE OF LINKED SITES, INCLUDING INFORMATION, MATERIAL, PRODUCTS AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES IS SOLELY AT THE YOUR OWN RISK. UNDER NO CIRCUMSTANCES ARE DIGITAL DRUM OR APTN LIABLE FOR ANY DAMAGES ARISING FROM ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO DIGITAL DRUM. DIGITAL DRUM AND APTN WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THIRD PARTY SITES.
FURTHER, WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF THIRD PARTY INFORMATION.
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 Services or the Materials. 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 Services or the Materials.
Unless otherwise specified, Digital Drum, the Services and the Materials are presented solely for the purpose of promoting products and services available in Canada. We make no representation that Digital Drum, the Services or the Materials are appropriate or available for use in any particular location. Those who choose to access Digital Drum, the Services or the Materials do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: acts of God; failure or disruptions in third-party-controlled or operated communications facilities; and/or worms, viruses and other disabling and/or disruptive software, communications and/or files.
IF YOU BREACH ANY PROVISION OF THIS AGREEMENT, YOU MAY NO LONGER USE DIGITAL DRUM. WE MAY AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT CAUSE, AND IN OUR SOLE DISCRETION, IMMEDIATELY SUSPEND OR TERMINATE (IN WHOLE OR IN PART) YOUR PERMISSION TO USE DIGITAL DRUM, ALL WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON.
We reserve the right to cease, suspend or interrupt operation of or access to Digital Drum or any part of it, including the Services or the Materials, and will not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor will we have any liability for such cessation, suspension or interruption of access.
The provisions of Sections that are by their nature intended to survive termination of this Agreement will survive termination of this Agreement including, but not limited to, Sections 5, 6, 9, 10, 11 and 14 of this Agreement.
If you have any questions about Digital Drum, the Services, the Materials or this Agreement, please contact us at:
339 Portage Avenue
Winnipeg, MB R3B 2C3