Supernova Terms Supernova Privacy cfox Terms Of Use cfox Privacy Policy

TERMS OF USE AGREEMENT – July 12, 2010

Welcome to cfox.supernova.com, British Columbia's Home for Independent Music (the "Website"), which is operated by Corus Entertainment Inc. and/or its affiliated companies ("Corus"). The Website is quickly becoming British Columbia's central platform for emerging artists, their fans and CFOXFM "99.3 The Fox"). The Website allows registered Members, as defined below, to create unique online personal profiles (a "Profile") to find and communicate with old and new friends who are interested in independent music. The services, features, content and applications offered on the Website are collectively referred to as the "Services").

1. ACCEPTANCE OF TERMS OF USE

IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE (the "Terms of Use"), which const itute an agreement between you and Corus setting forth the legally binding terms governing your use of the Website. "Use" of the Website refers to any activity by either a Visitor (someone who is just browsing the Website) or a Member (someone who has become a "Fan" or a "Band" by registering on the Website, and thereby set up an "Account"). A "User" or "you" is either a Visitor or a Member. By using the Website, you are indicating your acceptance to be bound by the Terms of Use. If you do not accept any term or condition found in these Terms of Use, do not access or use the Website. Corus may revise these Terms of Use at any time by updating this posting. Any changes to the Terms of Use will be effective as of the date such revisions are posted on the Website. Use of the Website after such changes are posted will signify your agreement to the revised terms. You should visit this page periodically to review the Terms of Use.

2. ELIGIBLITY

Use of the Website is void where prohibited. You may not use this Website if you are under the age of 13, and may only use the Website with the consent of your parent and/or legal guardian if you are between the ages of 13 and 18 years of age. By using the Services, you represent and warrant that (i) you are 13 years of age or older and, if you are under the age of 19, you have obtained the consent of your parent or legal guardian to use the Website, and (ii) your use of the Services does not violate any applicable law or regulation.

3. REGISTRATION

In becoming a Member, creating a Profile, or using certain Services, you may be required to register with the Website and create an Account. In so doing, you represent and warrant (i) that all registration information you may submit is truthful and accurate, and (ii) that you will maintain the accuracy of such information. The use by Corus of any personally identifying information provided in connection with registration is governed by the accompanying Privacy Policy.

4. POSTING CONTENT

You will be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content on your Profile ("Submitted Content"). You understand and acknowledge that Submitted Content is solely your responsibility, and that the posting of Submitted Content is subject to these Terms of Use, the following terms ("Submission Rules"), and any additional terms posted in connection with a specific Service, where applicable:

No illegal, infringing or abusive messages. You understand and acknowledge that you are responsible for your Submitted Content, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, threatening, harassing, abusive of any person or group, that promotes, hate, racism, bigotry, physical harm of any kind against any person or group, could be harmful to minors, that is pornographic, violent, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, or that is otherwise objectionable or inappropriate as determined by Corus in its sole discretion.
No Violations of Third Party Rights. You agree not to post any Submitted Content that is not original, created by you, or that will otherwise violate or infringe the rights of others. You may not post Submitted Content that constitutes an invasion of privacy or publicity rights, that is protected by any intellectual property rights other than your own, including, without limitation, copyright, patent, trade secret, trade-mark or other rights herein, or derivative work with respect thereto, without first obtaining permission from the rights holder.
No Commercial Use. The Website is for the personal use only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by Corus. You are not permitted to make use of the Website to collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Profiles without notice and may result in termination of your Account. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
No Viruses, Corrupting Files or Interference. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by Corus or as embedded in the Submitted Content unless expressly authorized in writing by Corus.
Use of Password/Account Information. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You may not share or transfer a password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password, and will inform Corus immediately if you suspect any unauthorized use of your account.
No SPAM. You will not post or transmit any junk mail, chain letters, unsolicited mass mailing or spam in or through the Website.

5. MONITORING/REMOVAL OF SUBMITTED CONTENT

Corus has the right, but not the obligation, to monitor the content of the Website, including the Submitted Content, to determine compliance with these Terms of Use and any operating rules established by Corus, and to satisfy any law, regulation, court or authorized government request. Corus shall have the right, in its sole discretion, to edit, refuse to post or remove any Submitted Content without a User's permission, which, in Corus' sole discretion, violates these Terms of Use. Corus assumes no responsibility or liability any material posted in contravention of this provision.

6. PROPRIETARY RIGHTS IN SUBMITTED CONTENT

Submitted Content remains the property of the User who posted the Submitted Content, and is only used by Corus under license, or made permissible under other applicable law. After posting Submitted Content, you continue to retain all ownership rights in the Submitted Content and to have the right to use the Submitted Content in any manner you may choose. By displaying or publishing ("posting") Submitted Content on or through the Website, the User grants to Corus a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display the Submitted Content for any purpose, and to (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights. This license includes the right to host, index, cache, distribute, and tag any Submitted Content. In addition, you hereby (i) agree to waive all moral rights in and any Submitted Content in favour of Corus, and (ii) consent to your name and email address appearing as the contributor of any Submitted Content, where applicable, and to the disclosure and/or display of such information and any other information that appears in or is associated with Submitted Content. Without obtaining this license from you, Corus would not be able to provide the Services. For example, without the right to modify Submitted Content, Corus would not be able to the Website's technical requirements. And, without the right to sublicense the rights granted to third parties, Corus would not be able to make Submitted Content available to its affiliated companies for radio broadcast.

7. REPRESENTATIONS AND WARRANTIES OF USER

You represent and warrant that (i) you own the Submitted Content posted by you on or through the Website or otherwise have the right to grant the license set forth above, and (ii) the posting of the Submitted Content by you on or through the Website 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 Submitted Content posted by you to or through the Website.

8. INDEMNIFICATION BY USER

You agree to defend, indemnify, and hold Corus, its affiliated companies and their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney's fees, that arise from your use the Website or the Submitted Content, including without limitation your violation of any representation or warranty, or other term or condition of these Terms of Use. Corus reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. PROPRIETARY RIGHTS IN WEBSITE CONTENT

As between Corus and a User, any content posted on this Website, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing, other than the Submitted Content (the "Corus Content"), is the property of Corus and/or its licensors, or the party accredited as the owner of any such content, and is protected under Canadian and foreign copyright, or other, laws. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in, or associated with, the Corus Content on this Website. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Corus Content or any Submitted Content (other than your own). Any breach of this provision is prohibited without the express written consent of Corus.

10. SOFTWARE LICENSES AND OWNERSHIP

All software embedded in or located on the Website, including, without limitation, all computer code of all types, all files and/or images contained in or generated by such software (the "Software") is protected by copyright and may be protected by other rights. As between the User and Corus, Corus shall own all rights in and to the Software. You are granted the right to use the Software subject to (i) the terms and conditions of these Terms of Use, and (ii) any additional conditions that may be imposed on your access and use, as the case may be. If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the term of these Term of Use and (ii) to any other terms and conditions that may apply, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use, and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part, (ii) sell, rent, lease, license transfer or otherwise provide access to the Software, (iii) alter, remove or cover any trade-marks or proprietary notices included in the Software, and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so. Nothing contained in the Website shall be construed as granting you any right, title, interest or any other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, without limitation, any intellectual property rights in the Software. All Software is provided AS IS, without warranties of any kind, either express or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or if fit for any particular purpose, (ii) that the Software will conform with any specifications relating to the Software, (iii) that the Software will be free from material defects, (iv) that the Software contains no computer viruses or other contaminants, or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

11. REPORTING BREACHES OF TERMS OF USE

If you become aware of a violation of any provision of these Terms of Use by any person, please click on the Report Inappropriate Content link at the bottom of the Website. If you are a trade-mark or copyright owner and you believe that your intellectual rights have been violated, or if you believe that any Submitted Content includes infringing material, please go to our Report Copyright Infringement link. While Corus is under no obligation to investigate complaint regarding any Submitted Content, it may, in its sole discretion investigate complaints and take any action it deems appropriate in the circumstances, including, without limitation, removing the Submitted Content in question from the Website and terminating any Member's account or User's access, as deemed appropriate.

12. TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Services. An Account may be terminated at any time, for any reason, by following the instructions on the "Account" tab of the Member's "Settings" page. Corus may, at any time, and without notice, terminate your right to access or use the Website (or any portion thereof) if, in Corus' sole discretion, you have breached any of the Terms and Use or provision of the accompanying Privacy Policy. Corus assumes no liability for any information removed from the Website, and reserves the right to permanently restrict access a User's access to the Website.

13. DISCLAIMER OF WARRANTIES

This Website and all of its content is provided AS IS. By using the Website, you acknowledge and agree that use of the website and the content is entirely at your own risk. Corus makes no representations or warranties regarding the website and the content, including, without limitation, any representation or warranty (i) that the Website contains accurate, complete, reliable information that is suitable or timely, (ii) that any content, including any information, data, software, product or service contained in or make available through the Website will be uninterrupted or merchantable or fit for a particular purpose, iii) that the operation of the Website will be uninterrupted or error free, iv) that defects or errors in the Website will be corrected, v) that the Website will be free from viruses or harmful components, and vi) that communications to or from the Website will be secure or not intercepted.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CORUS OR ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF CORUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. THIRD PARTY WEBSITES

The Website contains links to websites operated by third parties (the "Third Party Sites"). Links to Third Party Sites are provided solely as a convenience to you, and do not reflect any endorsement by Corus of the contents of any Third Party Site. Corus is not responsible for the content of any Third Party Site, nor does it make any representation or warranty of any kind regarding any Third Party Site, including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any Third Party Site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through a Third Party Site; or (iii) any representation or warranty that the operation of the Third Party Site will be uninterrupted or error free, that defects or errors in such Third Party Sites will be corrected or that Third Party Sites are and will be free from viruses or other harmful components. While Corus encourages links to Third Party Sites, it does not wish to be linked to or from any Third Party Site that (i) contains, posts or transmits any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Corus or which contains, posts or transmits any material or information of any kind which 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, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Corus reserves the right to prohibit or refuse to accept any link to any website that contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the any such website upon the request by Corus.

16. GOVERNING LAW AND JURISDICTION

This Agreement shall be construed in accordance with the laws of the Province of British Columbia, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Website shall be filed only in the courts of the Province of British Columbia or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

17. GENERAL

Any consent by Corus to, or waiver of, a breach of these Terms of Use that you have committed, whether express or implied, shall not constitute consent to, or waiver of, any other different or subsequent breach. You may not assign or transfer these Terms of Use or any right or obligation hereunder. If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force. These Terms of Use are not intended to create a partnership, joint venture or agency relationship between the parties. Except for any agreements with corus that expressly reference these Terms of Use, this is the entire agreement between you and Corus relating to the matters contained herein.