TERMS OF USE

Acceptance of Terms through Use

The following are the Terms of Use (the “Terms”) that govern use of the websites, (each, a “Site”) owned or operated by Cadence Music Group, a division of Maplecore Ltd., and/or its subsidiaries, successors and assigns with authorized links (individually and collectively referred to herein as “Cadence Music Group”, “Maplecore”, “we”, “our” or “us”). Except where otherwise stated, the Terms apply to a Site and its various subdomains, but excluding any websites not owned or operated by Cadence Music Group.

By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. We reserve the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We reserve the right to change or discontinue any feature of the Site at any time, for any reason. You acknowledge and agree to be deemed aware of and bound by any changes to the Terms. Your continued use of the Site indicates your agreement to the Terms as may be revised from time-to-time. You also agree to review the Terms from time to time to keep informed of any such revisions. If you do not agree to the Terms or any revisions thereto, please do not register as a user or, if you have already registered, de-register and exit the Site immediately.

Permitted Use

You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Service and for no other purpose. Without limiting the generality of the foregoing you agree that you are only authorized to visit, view, download, print and to retain a copy of pages of this Site for your own personal non-commercial use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, or to purchase VIP Packages or merchandise for your personal non-commercial use, unless otherwise specifically authorized by us to do so.

You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of Cadence Music Group, a division of Maplecore, its subsidiaries, licensees and/or its suppliers and is protected by U.S., Canadian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

If you violate these Terms, we may terminate your use of the Site, bar you from future use of the Site, cancel your VIP Package or merchandise order, as applicable, and/or take appropriate legal action against you.

User Contributions to the Site

From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as “User Content“. We are not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of Cadence Music Group. We cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at legal@cadencemusicgroup.com. We will investigate your claim and may then take the actions deemed appropriate.

In addition, by posting or submitting User Content to the Site, you grant Cadence Music Group and its licensees or assignees a perpetual, non-exclusive and royalty-free license to use, reproduce, display, perform, adapt, edit, distribute and promote the User Content in any and all media throughout the world, subject to our Privacy Policy. You represent and warrant that you own or otherwise control all of the rights to the User Content and that our use, reproduction, display, performance, adaptation, edit or distribution or promotion of the User Content will not infringe or violate the rights of any third party.

You further represent and warrant that you are the age of majority in your province or territory of residence, or possess custodial parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; you will abide and comply with these Terms of Service; you will provide accurate information when creating an account; you are solely responsible for your User ID and the activity that occurs while signed in, including any content submissions, such as discussion posts, profile information, links, pictures, and other such content. Communications between you and us, such as emails other correspondence, in which you offer suggestions, comments or ideas for improving or modifying the Site will be deemed to be non-confidential and non-proprietary and you agree that such information, with the exception of the Information, may be used by Company without any limitation whatsoever. You grant to Company and its affiliates a royalty-free license to use any such comments, suggestions or ideas in any manner or media, globally, forever, without any obligation to you. This includes the right to use any ideas you submit (including ideas about our Site or advertising campaigns) in any manner that Company chooses, without any obligation to you.

Links and Search Results

The Site may automatically produce search results that reference or link to websites that are operated by third parties. We have no control over these sites or the content within them. We make no guarantees, representations or warranties that the content, including without limitation, materials, opinions, advice, policies, statements, products or services contained or referenced in such third party sites is accurate, legal and/or inoffensive. We provide links to third party sites as a courtesy and do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against us or our respective officers, directors, employees, shareholders, agents, consultants, contractors or licensors for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.

Please review the third party sites’ own terms of use agreements and privacy policies, and if you do not agree to be bound by their terms, you should terminate your use of that third party site. If you have a problem with a link from the Site, please notify us at legal@cadencemusicgroup.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content

You acknowledge that Cadence Music Group has the right, but not the obligation, to pre-screen User Content, and to refuse to publish and/or monitor, edit or remove User Content, including without limitation, User Content from the Site, which it believes, in its sole discretion, to be in violation of the Terms.

The following is a partial list of the kind of User Content that is illegal and/or prohibited on the Site: User Content that:

is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
could be harmful to minors
harasses or advocates harassment of another person
publishes, uploads, posts, emails, or involves the transmission of “junk mail”, “chain letters”, or unsolicited or unlawful mass mailing or “spamming”, or any information, software or other material containing a virus or other harmful component
promotes information that you know is false, misleading or promotes illegal activities or conduct that is harmful, abusive, threatening, stalking, vulgar, obscene, defamatory or libelous, invasive of another person’s privacy or safety
posts or transmits any information, software or other content which violates the rights of any third parties, including material which is an invasion of privacy or publicity rights, or which is protected under copyright, trademark, patent, or other intellectual property or proprietary laws without obtaining the permission of the rights holder
is or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) displays pornographic or sexually explicit material of any kind
provides material that exploits people in a sexual or violent manner
solicits personal information from anyone under the age of majority, without their parental or legal guardian’s consent, as set out in the Privacy Policy
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses, encouraging conduct that would constitute a criminal offence, or giving rise to civil liability or otherwise violating any local, provincial, federal or foreign law
solicits, collects, or stores any data about other users including without limitation their passwords or personal identifying information for commercial or unlawful purposes from other users, or without their express written consent
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes
engages in conduct that restricts or inhibits any other user from using or enjoying the Site, to be determined in our sole and absolute discretion

Cadence Music Group reserves the right, in its sole discretion, to terminate users’ access to all or part of the Site, with or without notice if Cadence Music Group determines that a user is in breach of these terms, or for any other reason, subject to applicable laws.

Offline Conduct

Although we cannot monitor the conduct of users off the Site, it is also a violation of the Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior express consent.

Commercial Use

No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of VIP Packages, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling VIP Packages or merchandise of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel a VIP Package or merchandise order on any user known or reasonably believed to be associated with any counterfeit merchandiser, VIP Package broker or scalper, or utilizing automated means to process or place orders exceeding the stated limit.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” transactional merchandise, event or VIP Package pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without our prior expressed written permission.

Unauthorized Use of the Site

Illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized merchandise or VIP Package sales, unauthorized framing of or linking to the Site, unauthorized advertising or solicitation with respect to products or services, attempting to gain access to secured portions of the Site to which you do not possess access rights, attempting to use an automatic or manual process to search or harvest information from the Site, or unauthorized use of any virus, malicious code, robot, spider or other automated devise on the Site or posting or transmitting material which violates any laws or infringes in any way upon the rights of others, including without limitation copyright, trademark or other proprietary rights without the express permission of the owner,will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Any conduct by a user that in Cadence Music Group’s sole discretion restricts or inhibits any other user from using or enjoying the Site or interferes in any way with the proper functioning of the Site will not be permitted.

Violation of the Terms

Cadence Music Group has the right, but not the obligation, to monitor, edit, refuse to post and/or remove any User Content on or from the Site, in whole or in part, including from chat rooms and forums, to determine compliance with the Terms and/or to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Cadence Music Group shall have the right, in its sole discretion, to remove any person from the Site who it finds to be in violation of the Terms or otherwise behaving in an objectionable or offensive manner. Notwithstanding the foregoing, Cadence Music Group is not responsible for the content posted on the Site and your reliance on any such content is solely at your own risk.

You understand and agree that in Cadence Music Group’s sole discretion, and without prior notice, we may terminate your access to the Site, cancel your merchandise or VIP Package order or exercise any other remedy available. You agree that monetary damages may not provide a sufficient remedy to Cadence Music Group for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

Cadence Music Group is not required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of our rights.

For more information about how we handle copyright infringements on the Site, please see our Copyright Policy, below.

Privacy

We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. The Site is protected using commercially standard security precautions, however it is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information.

We will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom we are allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms “post” we mean the provision of information and User Content (to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed, disclosed and otherwise used by Cadence Music Group or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content.

We have provided some suggestions below on how to protect your confidential information however these are just recommendations. You should seek professional advice on protecting your privacy and evaluating the security of the programs and systems you are using.

Cadence Music Group recommends that you do not publicly post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your full name, home or work address, phone numbers, SMS, mobile, application-based account information, email address or other such information. If you post such information, Cadence Music Group cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

Cadence Music Group is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.

U.S. Export Controls

This Site and software derived from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Intellectual Property

You acknowledge and agree that all content and materials available on this Site including those owned or controlled by Cadence Music Group and/or licensors, are protected by copyright, trademark and patent laws, trade secrets or other proprietary rights.

Cadence Music Group and/or our licensors retain exclusive ownership of all data, material and other information regarding your use of the Site. We do not grant any license to you by virtue of the Terms of these intellectual property rights, except for the limited right to use the Site in accordance with the Terms. Cadence Music Group and/or its licensors retain exclusive ownership of and all rights to all data, material, text, software, scripts, graphics, photos, sounds, interactive features and the trade-marks and logos contained therein (“IP”). The IP is owned by or licensed to Cadence Music Group, and is subject to copyright, trademark and other intellectual property rights under Canadian and international laws and conventions. Content provided on the Site to you is for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Cadence Music Group and/or its licensors or the respective owners.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

Disclaimers

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CADENCE MUSIC GROUP DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

CADENCE MUSIC GROUP CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CADENCE MUSIC GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CADENCE MUSIC GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. CADENCE MUSIC GROUP MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF ITS SERVICES.

CADENCE MUSIC GROUP DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER CADENCE MUSIC GROUP NOR ITS AFFILIATE COMPANIES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. CADENCE MUSIC GROUP MAKES NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY OR AS REQUIRED BY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY.

CADENCE MUSIC GROUP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, CADENCE MUSIC GROUP USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH ITS SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICE. CADENCE MUSIC GROUP IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Cadence Music Group at legal@cadencemusicgroup.com. Cadence Music Group may investigate the claim and take appropriate action, in its sole discretion.

SOME JURISDICTIONS MAY NOT RECOGNIZE A DISCLAIMER SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (IN WHICH CASE, WE SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW), IN NO EVENT WILL CADENCE MUSIC GROUP , ITS AFFILIATE COMPANIES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR AT EQUITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES THAT RESULT FROM THE USE OR INABILITY TO USE, THE SITE, OR FROM INFORMATION PROVIDED ON THE SITE OR FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, EVEN IF CADENCE MUSIC GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Local Laws

By choosing to access the Site from any location other than the Province of Ontario, you accept full responsibility for compliance with all applicable local and federal laws. Cadence Music Group makes no representation that materials on the Site are appropriate or available for use in locations outside of Ontario. Accessing such materials from territories where their contents are illegal is prohibited.

Governing Law and Choice of Law

These Terms shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, as applicable, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms or your use of the Site (including non-contractual disputes or claims) shall be filed only in the courts of the Province of Ontario or the federal Court of Canada, if applicable and you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Toronto, Ontario.

Indemnity

You agree to defend, indemnify and hold Cadence Music Group and its affiliates, and each of their respective officers, agents, employees, licensees, consultants, contractors and principals, harmless from and against any and all liabilities losses, claims or demands, including reasonable legal fees, made by any third party due to or arising out of your use or misuse of the Site, including without limitation, (i) your violation of the Terms; (ii) your violation of any copyright, trademark, privacy or other third party right. Cadence Music Group reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Cadence Music Group and its representatives in asserting any available defence. The obligations under these provisions survive these Terms and your use of the Site.

Entire Agreement

These Terms together with our privacy policy located here and any other legal notices published by Cadence Music Group shall constitute the entire agreement between Cadence Music Group and you with respect to the subject-matter herein. If any provision of the Terms is determined to be invalid or unenforceable that portion will be construed consistent with applicable law and all other provisions shall remain in full force and effect.

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