E-COMMERCE POLICY FOR IN-STORE BACKGROUND MUSIC
The present contract determines the terms (the “Terms”) of services related to in-store background music provided by the website JukeBoxOnLine.com/JukeBoxEnLigne.com, a division of SassMedia 9171-4014 Québec Inc.
SassMedia respects the rights of intellectual property and expects you to do the same. We have put in place basic rules that you must follow when using our services, to ensure that SassMedia can continue to be enjoyed by everyone. Follow these rules and encourage others to do the same .
2. SCOPE OF CONTRACT
a) Internet access
SassMedia provides full access to the JukeBoxOnLine.com/JukeBoxEnLigne.com website. Depending on the package selected (A, B or C), you the client (the “Client”), will be authorized to play or not promotional ads.
b) Royalty fees
SassMedia commits to pay all royalty fees at respective Canadian agencies. This applies to monthly subscriptions for commercial background music provided by JukeBoxOnLine.com/ JukeBoxEnLigne.com. You, the Client, understands that royalty fees are applicable only to the music provided by SassMedia on the JukeBoxOnLine.com/JukeBoxEnLigne.com website, and does not cover music or broadcasts from other sources, including, but not limited to, AM/FM radio, satellite, Internet, CD, hard disks and digital music. Royalty fees will be paid, on behalf of the Client, to these agencies: Connect, Soproq, Socan, ReSound, and CSI.
c) Length of subscription
SassMedia commits to maintain the package price for a minimum period of 12 months. The first day of broadcasting starts as soon as SassMedia provides an access key and password. The current contract will automatically be renewed unless otherwise requested by the Client. Given an increase in package prices, the Client will receive a written notice at least thirty (30) days in advance.
3. ACCESS TO WEBSITE
a) Access key and password
An exclusive access key and password, associated the client’s postal address, will be delivered by SassMedia to access the JukeBoxEnligne.com/JukeBoxOnline.com website. The access key(s) and password(s) is (are) for the exclusive use of the Client, who’s address is provided on the subscription form.
SassMedia cannot be held responsible, in full or in part, for any interruptions of the Internet connexion provided by the Client’s supplier, for any damage caused to the client’s computer or equipment, or for any other issues unrelated to SassMedia.
c) Interruption of service
All interruption of services provided by the JukeBoxEnligne.com/JukeBoxOnline.com website must be immediately reported to SassMedia by phone at 418.809.5001.
d) Legal issues
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your province or territory of residence and are legally capable of entering into a binding contract.
e) General conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
f) Links to other websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
g) Customer Support
SassMedia will make reasonable efforts to maintain the SassMedia service operational. However, certain technical difficulties or maintenance may, from time to time, cause temporary interruptions. To the extent permitted under applicable law, SassMedia reserves the right periodically and at any time to modify or discontinue, temporarily or permanently, functions and features of SassMedia service, with or without notice, all without liability to you except where prohibited by law, for any interruption, modification, interruption SassMedia service or any function or feature of it.
4. BROADCASTING OF PROMOTIONAL ADS
Promotional ads provided by the client or its partners cannot promote items or services related to tobacco (e.g., cigarettes, cigars…). No ads or messages can be related to political or religious views or propaganda. All ads or messages must be in compliance with the respective provincial or territorial laws.
The Client acknowledges that he/she is responsible for the information, profiles, opinions, messages, comments and any other content that he/she announces through our website. You further acknowledge that you have full responsibility for the content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
All ads or messages must in compliance with the ethical values of SassMedia. We reserve the right to terminate your ability to post on our website and to remove and/or delete any content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your content.
c) Quality control
SassMedia reserves the full right to verify at any time the content and quality of the Clients’ or partners’ ads or messages.
You agree that any content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any content or to respond to any content.
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to
change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
5. USER GUIDELINES
What follows is not authorized by the Client, for any reason whatsoever:
a) copy, redistribute, reproduce, extract audio, record, transfer, perform or display to the public, distribute, or make available to the public any part of SassMedia service or content, or otherwise use the SassMedia service or content so as not expressly permitted under the agreements or applicable law, or otherwise so that violates intellectual property rights (including copyright) of SassMedia service or content, or any part thereof.
b) Forward copies of cached content from a licensed device to another device, by any means whatsoever.
c) Make the reverse engineer, decompile, disassemble, modify or create derivative works based on the Service SassMedia, content, or any part thereof, unless it is permitted by law.
d) Circumvent any technology used by SassMedia, its license users or any third party to protect content or service.
e) Sell, rent, lease, sublicense, or lease any portion of the Service or the content SassMedia; f) Rounding territorial restrictions applied to SassMedia or licensed users.
f) Artificially increase the number of readings, or otherwise manipulate the Services using a script or other automated process.
g) Delete or change any copyright, trademark or other proprietary notices contained in or provided through the SassMedia service (including to disguise or change ownership of the indications or source of all content).
h) Provide your password to any other person or use the username and password of another person.
i) Proceed to 'crawling' (index) of SassMedia service or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from SassMedia.
j) Sell a user account or a playlist, or otherwise accept any compensation, financial or otherwise, to influence the name of an account or a playlist or the contents of an account or reading list.
6. TERMINATION OF CONTRACT
a) By the Client
You can terminate the contract at any time by stopping the payment or giving us a written notification fifteen (15) days in advance. In any case, no reimbursement will be provided for the paid month.
b) Payment default
In the event of non-payment, SassMedia will immediately cease access to our website.
7. DURATION OF SUBSCRIPTION
This subscription takes effect upon the electronic signature and will be subjected to automatic renewal at each monthly payment, unless the Client stops paying or provides us with a written notice.
8. DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
The Client agrees to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
10. ENTIRE AGREEMENT
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
13. GOVERNING LAW
b) Limiting Use, Disclosure and Retention
Personal Information may only be used or disclosed for the purpose for which it was collected unless you have otherwise consented, or when it is required or permitted by law. Personal Information will only be retained for the period of time required to fulfill the purpose for which we collected it or as may be required by law.
c) Safeguarding Customer Information
Personal Information will be protected by security safeguards that are appropriate to the sensitivity level of the information (e.g., street address, phone number). We take all reasonable precautions to protect your Personal Information from any loss or unauthorized use, access or disclosure.
14. HANDLING CUSTOMER COMPLAINTS AND SUGGESTIONS
15. ACKNOWLEDGMENT TO USE OUR WEBSITE FOR IN-STORE BACKGROUND MUSIC
I hereby confirm that the business(es) or equivalent who subscribed to the commercial website JukeBoxEnligne.com/JukeBoxOnline.com, property of SASSMEDIA 9171-4014 QUÉBEC INC., recognize(s) and accept(s) that SASSMEDIA 9171-4014 QUÉBEC INC. holds an exclusive licence to broadcast music and ads obtained from CONNECT MUSIC LICENSING SERVICE INC., herein referred to as CONNECT. As a commercial subscriber, I recognize that this broadcasting licence is subject to the terms and conditions between CONNECT and SASSMEDIA
9171-4014 QUÉBEC INC., without limitations to the following points:
1- All material(s) broadcasted by SASSMEDIA 9171-4014 QUÉBEC INC. cannot be copied, sold, distributed, given for free, or placed in guarantee.
2- Copyrights and royalties broadcasted by SASSMEDIA 9171-4014 QUÉBEC INC. are owned by CONNECT members.
3- The terms and conditions in the present contract are subject to the licence terms by CONNECT and SASSMÉDIA 9171-4014 QUÉBEC INC., and can be cancelled at any time by CONNECT or SASSMÉDIA 9171-4014 QUÉBEC INC. in accordance to the terms described above.