Terms and Conditions
THESE TERMS AND CONDITIONS OF USE MUST BE READ CAREFULLY BEFORE SETTING UP A USER ACCOUNT, ENTERING A COMPETITION / CONTEST, UPLOADING, CREATING OR DOWNLOADING CONTENT.
These terms and conditions also apply to a user account that has already been set up. Persons with an existing user account must also read the terms and conditions carefully. Continued use of this site in any way constitutes your agreement to these terms and conditions of use, which form a binding legal contract.
These terms cover all of the websites and apps related to Local Music Club, such as localmusic.club, and others, together referred to as (the “Sites”).
Local Music Club ONLINE reserves the right, at its own discretion, to change, modify, add, or remove portions of these terms and conditions at any time. These terms and conditions must be checked on the Sites periodically for changes. Your continued use of any of the Sites following the posting of changes to these terms will mean you accept those changes.
All software, documentation, and any content accessed through the software you are about to use (the “Software”) and any material whatsoever on our Sites and any links from the Sites (the “Links”), and the overall concept (the “Concept”) are protected by international and domestic laws, including copyright-intellectual property laws and treaties.Content created by Local Music Club as part of the production of the site, specifically videos, images, text and any other content that is not generated by users of the site, is referred to as “Site Content”. Local Music Club, its owners (Artesian Films), affiliates (most notably Giant Step Inc.) any subsidiary companies and licensors own all right, title and interest to the Concept, Site Content, Software and the Sites. Except for the specific rights granted to you in participating by creating accounts, creating user-generated content or otherwise using the Sites, as stated herein, Local Music Club ONLINE reserves all rights to the Site Content, Software and the Sites and the respective owners reserve all rights to the Links.
Once you create an account, you can upload content to it. You must only upload content that you own or have the necessary licenses, rights, consents, and permissions to publish. Content may include text, photos, videos, and music (the “Content”). For clarity, you retain all of your ownership rights in your content. However, by submitting content to the Sites, you hereby grant Local Music Club Online a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Sites and Local Music Club Online (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Sites a non-exclusive license to access your content through the Sites, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Sites and under these Terms and Conditions. The above licenses granted by you in the content you submit to the Sites terminate within a commercially reasonable time after you remove or delete your content from the Sites. You understand and agree, however, that Local Music Club Online may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. Local Music Club may moderate any user-uploaded Content on the Site. Local Music Club is not responsible for what you have uploaded. Local Music Club Online upon its discretion may remove any inappropriate or offensive content. Local Music Club Online do not permit copyright infringing activities and infringement of intellectual property rights on its Sites, and will remove all content if properly notified that such content infringes on another’s intellectual property rights. Local Music Club Online reserves the right to remove content without prior notice.Local Music Club have provided some tools on the Sites, such as links to “flag as inappropriate,” so you can let us know if you find Content offensive. You shall be solely responsible for your own content and the consequences of submitting and publishing content on the Sites.You are fully responsible for the Content or material that you post, upload and transmit through whatever means, particularly through the use of hyperlinks, and also guarantee Local Music Club that you shall not transmit any material that is inappropriate with regard to the law, such as the following list of material, which is in no way exhaustive:
– all language, comments, remarks and images considered by Local Music Club to be obscene, deceiving, illicit, racist, defamatory, which constitute harassment, violate the rights of third parties or their private lives or which restrict and/or prevent the use by other Users, where applicable, of forums available through the Site(s);
– all Content inciting crimes or other offences or provoking discrimination, hate, violence or the sale or purchase of illegal objects and/or other material;
– all Content that threatens to prejudice and endanger minors, such as any message that is of a violent or pornographic nature or that prejudices human dignity – all content that contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material.
Users acknowledge that Local Music Club may be obliged to limit the size of each User’s content posts and the memory allocated to each User, particularly in the case of blogs.
Given the worldwide character of the Internet, Users must respect “Netiquette” and all rules applicable in the country on whose websites they may post material of any kind. Consequently, Users must respect the statutory laws governing the transmission of material from Canada, as well as from their country of residence, where different laws may apply. Local Music Club will terminate a user’s access to the Sites if, under appropriate circumstances, the user is determined to be a repeat infringer.
2. Title Not Transferred
These terms do not transfer title to the Site Content, Software or the Sites or the Links or any portion thereof to you. The rights granted herein to participate or otherwise use the Sites, are limited to certain rights solely for the purpose of uploading content and otherwise using the Sites as provided therein, and do not include any other patents, trademarks, copyrights or other intellectual property rights. Local Music Club retains full and complete title to the Site Content, Software and the Sites and all intellectual property rights therein or related thereto, and the owners of the Links retain such title and rights themselves.
3. License and Restrictions
Local Music Club hereby grants you the non-exclusive right to use the Site Content and Software specifically and only on its websites for personal, non-commercial use only – to participate and otherwise use the websites as provided therein. Local Music Club ONLINE may configure the Site Content, Software or the Sites with certain tags that identify the version of the Content, Software being used, which permits Local Music Club ONLINE to update this version without further notice to you. Local Music Club ONLINE shall have the right to poll your user account for the purpose of adding updated versions of the Content, Software or to delete such versions.
While we encourage sharing of the Content online, you may not (and you agree not to permit another person to): a) redistribute, sell or otherwise copy the Site Content, Software or the Sites; b) modify, translate or create derivative works based on the Content, Software or the Sites; c) attempt to decompile, reverse engineer, disassemble or otherwise reduce the Software or any portion of the Sites or the Links to a human-readable form not provided openly therein, except to the extent applicable laws specifically prohibit such restriction; d) remove any identification, copyright, trademark or other proprietary notices; or e) create other software that incorporates the Content, Software or the Sites or the Links. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE OR THE SITES OR THE LINKS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION OR FOR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED. You acknowledge that the Content, Software, the Sites and the Links are not intended for use in connection with any high risk or strict liability activity and Local Music Club ONLINE makes no warranty and shall have no liability in connection with the use of the Software, Site Content, the Sites or the Links in any such situations.
The terms Artesian Films, Local Music Club, and variations thereof are protected by (registered and unregistered) trademarks, designs, copyrights and other rights, and may not be used by any person for any purpose whatsoever.
4. No Warranty
The software (including without limitation any content) and any content of the sites are provided “As is” And without warranties of any kind, either express or implied, or statutory.
To the fullest extent permissible pursuant to applicable law, Local Music Club ONLINE disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement and title. No warranty is given that the software or the sites or the links will meet your requirements, that your access or operation of the software or any content accessible through the software or the sites or the links will be uninterrupted or error-free, or that defects will be corrected. It is specifically emphasized that no warranty is given that the software, the sites or any links (or any servers connected with the above) are free of viruses or other harmful components. Local Music Club ONLINE does not warrant or make any representations regarding the use or the results of the use of the software or the sites or links in terms of their correctness, accuracy, reliability, or otherwise, or that the use of the software or the sites or links will not adversely affect your or any other person’s use of the computer(s) or mobile device(s) on which the same are accessed. No oral or written information or advice given by any person, including without limitation, a representative of Local Music Club ONLINE shall create a warranty of any kind. Applicable law may not allow the exclusion of express or implied warranties, so certain of the above exclusions may not apply to you, may also have other legal rights which vary from province to province, state to state, country to country, and jurisdiction to jurisdiction.
You hereby agree to indemnify, defend, and hold Local Music Club ONLINE and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with Local Music Club ONLINE in the defense of any claim. Local Music Club ONLINE reserves the right, at our own expense, to assume the exclusive defense and control of any matter, even if the same is subject to indemnification by you.
6. Limitation on Liability
Under no circumstances, including, but not limited to, negligence, shall Local Music Club ONLINE be liable for any personal injury or any direct, indirect, incidental, special, or consequential damages, including without limitation, damages for loss of profits, loss of data, or business interruption under any legal theory (tort, contract or otherwise), that result from the use of, or the inability to use, the Software or Site Content, materials or Sites or functions or links, even if Local Music Club ONLINE have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Without limiting the foregoing, in no event shall Local Music Club ONLINE ‘s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) exceed the amount paid by you for the Software, if any, for accessing the Software or $10, whichever is less. The foregoing limitations will apply even if the stated remedy fails of its essential purpose.
If you are dissatisfied in any way with any portion of the software or the sites or the links or with any of these terms and conditions of use, or if you have any concern that use of the Software or the Site Content or Sites may cause you damage of any type, you should immediately discontinue use of the Software, Site Content, and the Sites and the links, which shall be your sole and exclusive remedy.
Local Music Club ONLINE makes no representation that the Content, Software or the Site Content, Sites or the Links are appropriate or available for use in any particular location whatsoever. Those who choose to use the Content, Software or the Sites or the Links do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Local Music Club ONLINE has offices or affiliated offices in Montreal and Toronto, Canada. The courts of Quebec and Ontario shall have exclusive jurisdiction over any litigation between you and Local Music Club ONLINE and you agree to the personal jurisdiction of such courts over yourself. Local Music Club ONLINE may require that any disputes between you and Local Music Club ONLINE shall be resolved by binding arbitration in Canada in the English language before a single arbitrator chosen by the chairman of the Canadian Bar Association or equivalent.
Local Music Club ONLINE reserves the right, in our sole discretion, to terminate your access to any or all of the Site Content, Software, the Sites or the Links and the related services or any portion thereof at any time, without notice, which such termination may include an automatic closure of your user account by Local Music Club ONLINE. You may cancel your user account at any time by entering into “my page” and clicking on “delete profile”.
9. Export Law Assurances
You agree not to use or otherwise export or re-export the Site Content and Software except as authorized by applicable law including without limitation Canadian law and the laws of the jurisdiction in which the Software was obtained. Without limiting the foregoing, the Software may not be exported or re-exported (a) into (or to a national resident of) any U.S. and Canadian embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. or Canadian Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
10. Use of User Submitted Materials
By uploading or otherwise creating or submitting any materials to Local Music Club ONLINE and/or the Sites, you (and your parents, if you are under age 18, or the applicable age of majority, as the case may be) automatically grant (or warrant that the owner of such rights has expressly granted) to Local Music Club ONLINE, a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
11. Ability to Accept
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Sites are not intended for children under 13, except as visitors. If you are under 13 years of age, then please do not register as a user of the Sites.”
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Local Music Club without restriction.
14. Entire Agreement
These terms shall be governed by and construed in accordance with the laws of Quebec, Canada, without giving effect to any principles of conflicts of law. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Local Music Club relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
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