Hidden Bands Player Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH HIPSTER BAIT LTD. (the “Company”, “us”, “our”, “we”) OFFERS YOU ACCESS TO THE HIDDEN BANDS MUSIC DISCOVERY SERVICE (the “Agreement”).
This Agreement describes the terms and conditions applicable to your use of the Hidden Bands music discovery and related services (the “Services”). This Agreement supersedes any prior Agreemeent with respect to the subject matter hereof. You must read, agree with and accept all of the terms and conditions contained in this Agreement. If you do not agree to be bound by any of the terms and conditions of this Agreement, you are not permitted to use the Services.
- 1. Fees and Services
We may in our sole discretion change or discontinue, temporarily or permanently, some or all of our Services at any time, without notice to you.
- 2. Restricted Activities
You agree not to use the Services or permit the Services to be used in any manner (including, without limitation, transmission, distribution or storage) for any purpose that is or is likely to be
- (a) illegal or to violate any governmental law, regulation, rule, court order, treaty or tariff;
- (b) fraudulent or misleading;
- (c) a violation of any of our rights or third party rights or otherwise damaging tous or any third party;
- (d) obscene, harassing or distressing; or
- (e) disruptive of, harmful to or that otherwise abuses or misuses our resources or any connected resources.
- 3. Licence
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable royalty-free, sublicensable (through multiple tiers) right to exercise the copyrights, publicity rights and all other intellectual property rights you have in your information and any content that you create or submit to us (the “User-Generated Content”), in any media now known or not currently known, to enable us to use the User-Generated Content. You also waive all moral rights you have in the User-Generated Content.
- 4. Privacy
- 5. No Warranty
WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE SERVICES “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
- 6. Liability Limit
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
- 7. Indemnity
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including legal costs and fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- 8. Legal Compliance
You shall comply with all applicable laws, statutes, by-laws and regulations regarding your use of the Services.
- 9. General
This Agreement shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. We do not guarantee continuous or uninterrupted Services, as operation of the Services may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by us in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject-matter hereof.
- 10. Contracts in English
It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s’y rattachant soient rédigés et signés en anglais.