Terms of Use

1. INTRODUCTION

1.1 These terms of use (“Terms of Use”) apply to the SOCAN website located at https://www.socan.com/, and all associated web pages (collectively, the “Website”). You should read these Terms of Use carefully before using the Website. By accessing or using this Website or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Website immediately.

1.2 Definitions

(a) “content” means any text, images, video, audio or other multimedia content, document, data, software or other information or material submitted to, subsisting on or accessible from the Website;

(b) “we”, “us”, “our” or “SOCAN” means Society of Composers, Authors and Music Publishers of Canada, whose registered office is at 41 Valleybrook Drive, Toronto, ON M3B 2S6.

(c) “you” or “your” means the person accessing or using the Website or its content.

1.3 Privacy Policy and Additional Terms. By accepting these Terms of Use, you understand and agree that we may collect, use and disclose your personal information in accordance with our Privacy Policy, which is incorporated by reference into these Terms of Use. These Terms of Use may also be supplemented or replaced by additional terms (“Additional Terms“) relating to specific content, goods or services made available or supplied by SOCAN using the Website. Additional Terms will be made available on relevant pages of the Website and will be accessible by you when you use that portion of the Website. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms of Use.

2. COPYRIGHT

2.1 Except as otherwise specified, the content contained on this Website are copyright © 2020 SOCAN, Toronto, Canada. All rights reserved. Except as specifically permitted in these Terms of Use, no portion of the information on this Website may be reproduced or distributed in any form or by any means without the prior written permission of SOCAN.

3. USE OF WEBSITE

3.1 Except as otherwise indicated elsewhere on this Website, this Website is for your personal, informational and non-commercial use only. As a condition of your use of the Website, you agree:

(a) any authorized copy that you make of the content from this Website must include the following notice: “© 2020 SOCAN, Toronto, Canada. All rights reserved. Reproduced pursuant to SOCAN’s Terms of Use”;

(b) to comply with all applicable laws, rules and regulations;

(c) not to use the Website for any purpose prohibited by these Terms of Use;

(d) not use the Website or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

(e) not to reverse engineer, decompile, copy, modify, alter distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its content except as permitted by us under these Terms of Use or as expressly provided under applicable law or under any Additional Terms;

(f) not to remove any copyright, trademark, or other proprietary rights notice contained in the Website;

(g) not to: (i) transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (ii) interfere with or disrupt the operation of the Website or the servers or networks that host the Website; (iii) frame or mirror any part of the Website without prior express written authorization; (iv) restrict or inhibit any other person from using the Website, including by means of hacking or defacing any portion of the Website; and/or (v) use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Website.

(h) not to sell, licence or exploit for any commercial purposes any use of or access to the Website;

(i) not to represent or suggest that we endorse any business, product or service unless we have separately agreed to do so in writing; and

(j) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.

4. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

4.1 The content presented to you on or through the Website are and shall remain our property or the property of our licensors or suppliers, and are protected by copyright, trademark, and/or other proprietary rights and laws. SOCAN grants you a limited license to access and make use of this Website only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary on the Website or in these Terms of Use, you may access, copy, download, print and distribute content for personal, informational and non-commercial purposes, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content.

4.2 The audio clip and video clip content contained on this Website are protected under various laws. Such content is made available for access on this Website for non-commercial purposes only. Any reproduction, publication, further distribution or public exhibition of any of such content, in whole or in part, is prohibited.

4.3 The SOCAN logo is protected by copyright and is a registered trademark of SOCAN, and may not be used or reproduced in any manner without SOCAN’s prior written permission. All third-party trademarks, trade names or company names referenced on this Website are used for identification purposes only and are the property of their respective owners.

4.4 Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any licence or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright, trademark or other intellectual property rights. Except as expressly authorized in these Terms of Use or in advance by us, you agree not to reproduce, distribute, translate, make available, publish, communicate to the public by telecommunication, modify, rent, lease, loan, sell, or create derivative works based (whether in whole or in part) on, any materials that are made available on or through the Website.

5. LINKED SITES LINKS

5.1 Links to other websites. Any links provided on this Website to third party websites are provided solely for your convenience. When you access a third-party website through this Website, you do so at your own risk. The operation and content of such third-party websites is beyond our control. We do not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website.

5.2 Links from other websites. Other websites may provide links to the Website with or without our authorization. We may have no control over the websites that provide links to the Website, and you acknowledge and agree that we may not endorse such websites and are not responsible for any links from those websites to the Website, for any content, advertising, products, or other materials available on or through such other websites, or for any loss or damages caused by using or relying on any such materials.

5.3 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any websites or resources to which we provide links, or that provide links to the Website; or (b) any content, goods, or services available on or through any such websites or resources. We shall have the right, but not the obligation, at any time and in our sole discretion to block links to the Website through technological or other means, without prior notice. If you have any concerns regarding any outside website linked to or from the Website, please direct them to its owner or operator of the website.

6. WARRANTIES AND DISCLAIMERS

6.1 All content on this Website is provided “as is,” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for any particular purpose, non-infringement or accuracy. SOCAN assumes no responsibility for errors or omissions in any content or calculation found on this Website or referenced by or linked to this Website. References to corporations, their products and services are provided “as is” without warranty of any kind, either express or implied. In no event shall SOCAN be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any information, calculation or software or other contents that are found on this Website or referenced by or linked to this Website.

6.2 This Website could include technical or other inaccuracies or typographical errors. Changes are periodically made to the contents of this Website and incorporated into new editions of this Website from time to time at the sole discretion of SOCAN. This Website can be accessed from other countries around the world and may contain references to SOCAN materials, products, services, and programs that do not apply in your country. No implication should be taken from such references.

7. TERMINATION OF USE

7.1 Without limiting SOCAN’s other remedies, you agree that we, in our sole discretion, and to the fullest extent not prohibited under applicable law, may terminate or restrict your use of the Website or any part thereof, at any time and for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use. You agree that any termination or restriction of your access to the Website under any provision of these Terms of Use may be effected without prior notice. Upon termination of these Terms of Use, your right to use the Website will immediately cease. To the fullest extent not prohibited under applicable law, we shall not be liable to you or any third party for any termination or restriction of your access to the Website or any part thereof.

8. MISCELLANEOUS TERMS

8.1 Effective Date. These Terms of Use are dated January 23, 2020. No changes to these Terms of Use of use are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms of Use of use from time to time. Our new Terms of Use of use will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.

8.2 Entire Agreement and Severability of Provisions. These Terms of Use, the Privacy Policy and any applicable Additional Terms constitute the entire agreement with respect to access to and use of this Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions.

8.3 Governing Law. These Terms of Use of use are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction. For the purpose of all legal proceedings relating to these terns and your use of this Website, the courts of the Province of Ontario shall have jurisdiction to decide any action. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.

8.4 Miscellaneous. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under these Terms of Use without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

9. CONTACT.

If you have any questions about this Website or the Terms of Use, please contact us by mail at SOCAN, 41 Valleybrook Drive, Toronto, ON M3B 2S6 or by phone at 1-800-55-SOCAN.