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Terms & Conditions

Last revision: August, 2021

 

MUSICARE BY ROOM 217 WEBSITE AND APP

TERMS AND CONDITIONS OF USE

 

1.AGREEMENT TO ACCEPT TERMS AND CONDITIONS

The terms and conditions of use set out below (“Terms and Conditions”) are a binding agreement between you and the Room 217 Foundation, a charity registered with the Canada Revenue Agency (Registration No. #857285092RR0001) (“Foundation”).  These Terms and Conditions govern the use of this website (the “Website”) located at musiccare.org, any subdomains, and any of our other websites or mobile applications referencing, embedding, or linking to these Terms and Conditions, including, without limitation, and our mobile application software entitled “musiccare CONNECT” (the “App”) (collectively “Sites”). The Sites are the property of the Foundation. Throughout the Terms and Conditions, “you”, “your” or “user” refer to the person or entity who accesses or uses the Sites.

By viewing, using, accessing or browsing the Sites or by installing or using the App, you agree, on your own behalf and on behalf of any entity, organization, association, group in whatever form and wherever located on whose behalf you may be acting, to be bound by the Terms and Conditions, (whether or not you confirm your agreement, such as by clicking “I agree”). If you do not wish to be bound by the Terms and Conditions, do not access or otherwise use the Sites. You may not access and/or use the Sites unless you agree to abide by all parts of the Terms and Conditions.

2.PERMITTED USERS

The App is only available to residents of Canada who are18 years of age and over. If you are not a resident of Canada, you are not permitted to use our App. We reserve the right to limit the availability of our Sites, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

In order to access certain resource materials and to receive services available on the Sites, you may be required to register and/or set up an account on the Sites.

Persons under the age of 18 and non-residents of Canada are not permitted to register and/or set up an account on the Sites.   

3.USER REPRESENTATIONS

By using the Sites, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to enter into, and you agree to comply with, these Terms and Conditions; (4) you are not under the age of 18; (5) you are a resident of Canada; (6) you will not access the Sites through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Sites for any illegal or unauthorized purpose; and (8) your use of the Sites will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites or any portion thereof.

4.USER REGISTRATION

In order to access certain resource materials and to receive services available on the Sites, you may be asked to provide your personal information  such as your name, date of birth, e-mail address, mailing address, place of residence and other personal information about you or that can be used to identify you (“Personal Information”). We may use your Personal Information, including date of birth, to verify your identity or to determine your age. When you register, you agree to provide accurate, current and complete Personal Information and to promptly update this Personal Information to maintain its accuracy. We have the right to suspend or terminate your account or other registration without notice to you if we suspect that the Personal Information you have provided is inaccurate. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5.SECURITY

In order to access certain materials and to receive other services on the Sites, you may be required to open an account. You are entirely responsible for maintaining the confidentiality of any user name and password that you are given or select. You agree to keep your password confidential and you will be held responsible for all activities carried out under your account. You will not permit any other person to use your user name and password, and you will immediately notify us if you know or suspect that your user name and password have been used by another person. You may be held liable for any harm caused or losses incurred by us or any other user of or visitor to the Sites due to someone else using your account as a result of your failing to keep your account information secure and confidential. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security.

6.PRIVACY AND CONSENT

Our use of personal information collected from and about you in connection with your use of the Sites is governed by our privacy policy (“Privacy Policy”). The Privacy Policy sets out the types of Personal Information we collect, how we use Personal Information, which third parties we may disclose Personal Information to and your rights in relation to your Personal Information. The Privacy Policy forms part of these Terms and Conditions. By agreeing to these Terms and Conditions, you also give your consent to the Privacy Policy.

By viewing, using, accessing or browsing the Sites or by installing or using the App, you agree and consent to the collection, use and storage of your Personal Information and any interactions with the Sites in accordance with the Privacy Policy.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

The App is provided for residents of Canada only. Although it may be possible to access the Website from other countries, we make no representation that the Website is compliant with any legal requirements in force in any jurisdiction other than Canada, or that the content available on the Website will be appropriate for users in other countries. We operate within, are subject to and comply with Canadian privacy law.  We are not established in the European Union (“EU”), do not offer goods or services to individuals in the EU and do not knowingly monitor the behaviour of individuals in the EU.  We do not knowingly collect or process Personal Information from individuals located in the EU.  Individuals located in the EU should not use the Sites or provide us with any Personal Information.

You agree that we may send you communications by email related to our activities and the Sites. You may opt out of receiving such communications by using the unsubscribe link in our communications.

7.CHANGES TO TERMS AND CONDITIONS

We reserve the right to add to or remove, modify or otherwise change any part of the Terms and Conditions at any time in our sole discretion. Changes will be effective when the changed Terms and Conditions are posted on the Sites. You should check the Terms and Conditions frequently for changes by checking the date of “Last Update” at the top of this document. If any change to the Terms and Conditions is not acceptable to you, you should discontinue your use of the Sites immediately. Your continued use of the Sites after changes to the Terms and Conditions are posted will constitute acceptance of the changes.

8.CHANGES TO THE SITES

We may terminate, change, suspend or discontinue any aspect of the Sites at any time without notice. Without limiting the generality of the foregoing, we may change the availability of any features, institute new, or change existing fees or charges for the use of the Sites or any of their features, add, remove, modify or otherwise change any contents on the Sites, impose limits on certain features or restrict access to parts or all of the Sites. We reserve the right, but not the duty, to correct any errors or omissions in any portion of the Sites at any time without notice.

9.PROHIBITED ACTIVITIES

You may not use the Sites, any contents of the Sites or any information provided or accessed through the Sites to take any action that could harm us or anyone else, interfere with the Sites, or use the Sites in a manner that violates any law. For example, you may not:

  • Impersonate any person or entity, or misrepresent your credentials, age or any information or Personal Information you provide;
  • Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;
  • Harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses;
  • Disseminate chain letters, junk mail, virus alerts or hoaxes;
  • Access, distribute, send, save, or view offensive material or include materials that could be considered inappropriate, offensive or disrespectful to others, such as material with sexually explicit content, material that is harassing of others, material that advocates illegal activity or material that advocates intolerance for others;
  • Undertake malicious or damaging activities, such as spreading computer viruses, hate mongering or harassment of others;
  • Disable or circumvent or are intended to disable or circumvent any system designed to protect any individual's or organization's privacy or security or the privacy or security of Personal Information;
  • Knowingly violate the laws of Canada or of any other jurisdiction in a material way;
  • Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;
  • Use the Sites to send commercial electronic messages or install a computer program on another person’s computer system;
  • Obtain or attempt to gain unauthorized access to other computer systems, materials or information on or through the Sites;
  • Use any device, software, or program to interfere with the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Sites, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);
  • Use another's information, account, or password;
  • Take any action that imposes an unreasonable load on our network or infrastructure;
  • Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems;
  • Reproduce or use any trademarks, trade names or other intellectual property found on the Sites; or
  • Engage in any other conduct that restricts any person from using the Sites, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

If we determine, in our sole discretion, that you have engaged in any prohibited activities or have otherwise failed to comply with these Terms and Conditions, we may suspend or terminate your use or access to the Sites without notice to you. At all times, we shall have the discretion to take such action as we deem necessary, in our sole discretion, to preclude a violation, and we shall not be liable for any damages of any nature suffered by you or a third party resulting from our actions under these Terms and Conditions.

10.OWNERSHIP AND USAGE

All content, code, software, and any other materials that are on the Sites, including all intellectual property, are owned by or licensed to us, are the exclusive property of the Foundation or our licensors, unless otherwise indicated and are protected by applicable laws, including copyright and industrial design.

The contents of the Sites may not be copied, transmitted, transcribed, reproduced, stored, sub-licensed, re-posted or translated into any other form without our prior written permission.

Any unauthorized use of the contents of the Sites is strictly prohibited. We reserve the right to take such steps as we deem necessary, including legal action, to enforce our rights under trademark and copyright law.

The contents of the Sites may not be copied, transmitted, transcribed, reproduced, stored, sub-licensed, re-posted or translated into any other form without our prior written permission. You may use the contents of the Sites only for non-commercial, informational, personal use, without modification, and only as long as you comply with these Terms and Conditions. 

You are not authorized to use any of the contents of the Sites other than as expressly provided in these Terms and Conditions. In particular, you are not authorized to copy, scrape, commercially exploit, or make derivative works of any of the contents of the Sites. You must abide by all rights notices, information, or restrictions contained in or attached to any of the contents of the Sites and must not remove any trademark, copyright, or other notice from our Sites or any of the contents of the Sites.

With regard to Music Content, once you have subscribed to the App and paid the subscription fee to us, we shall provide you with access to a catalogue of Music Content from which you can select such music as you would like to play in connection with the care you provide and your care Programs.

You can only play or use your selected Music Content when you access the App. You are not allowed to download, copy, or otherwise transfer your Music Content to your Device’s hard drive or to any other device, computer, media, or storage facility. You may only use Music Content in connection with the care you are providing. You may not use, copy, or broadcast your Music Content for any other purposes.

Your access to your Music Content will stop upon your cancellation of your subscription at the next billing date, at the end of your trial, or our termination of these Terms and Conditions.

11.TRADEMARKS

All trademarks displayed on the Sites including, but not limited to, ROOM 217 FOUNDATION, musiccare.org, musiccare CONNECT, MUSIC CARE, MUSIC CARE BY ROOM 217 and any related names, words, and logos displayed on the Sites, are trademarks owned by the Foundation. You may not use any of these trademarks, or any variations of the trademarks.

All other trademarks not owned by the Foundation are the property of their respective owners. You are not authorized to use any of those trademarks of third parties that may appear on the Sites.

Any unauthorized use of the trademarks or names or any other intellectual property of the Foundation or of third parties is strictly prohibited.

12.HYPERLINKING AGREEMENT

If you want to hyperlink to the Sites, you may do so, provided you agree to the hyperlink conditions described below (“Hyperlink Conditions”):

  1. Hyperlinks may be established to any of the public pages on our Sites. Hyperlink may not be established to any other pages on the Sites without our prior written permission.
  2. If you hyperlink to the Sites, your website or social media page:

        i. shall not imply that we are endorsing you or your products or services;
       ii.
shall not imply an affiliation between you or any entity on whose behalf you may be acting without our prior written consent;
      iii. shall not misrepresent your relationship with us or present false or misleading impressions about us or our services; and
      iv. shall not contain content that may be interpreted as distasteful or offensive.

  1. We shall have no responsibility or liability for any content appearing on your website.
  2. We may at any time, in our sole discretion, immediately terminate your right to hyperlink to the Sites, with or without cause. If we exercise this right, you will immediately remove all hyperlinks to the Sites.
  3. We may amend these Hyperlink Conditions at any time. You agree to abide by these Hyperlink Conditions and the other Terms and Conditions on the Sites, as amended from time to time.

By establishing a hyperlink to the Sites, you will be deemed to have agreed to these Hyperlink Conditions.

13.WEBSITES HYPERLINKED TO THE SITES

Certain websites may be linked to the Sites. Not all of these links may have been permitted by us. Regardless of whether a link has been permitted by us, we are not responsible for the contents of any website that is linked to the Sites. We make no representations or warranties, and do not endorse, any website that is linked to the Sites, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to the Sites does not imply that we sponsor, endorse or are affiliated or associated with the entity that owns or is responsible for the website.

14.EXTERNAL HYPERLINKS

Certain hyperlinks on the Sites may take you to other websites. We provide these hyperlinks only as a convenience. We are not responsible for the contents of any hyperlinked website. We make no representations or warranties regarding, and do not endorse, any hyperlinked website, their contents, the information appearing on them or any of the products or services they describe. Hyperlinks do not imply that we sponsor, endorse or are affiliated or associated with the entity that owns or is responsible for any hyperlinked website. If you decide to visit any hyperlinked websites, you will do so at your own risk.

15.MOBILE APPLICATION LICENCE

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of App (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

You acknowledge that the App is licensed, not sold, to you. You do not acquire any ownership interest in the App under this mobile application license contained in these Terms and Conditions. We reserve all rights in and to the App not expressly granted to you under this mobile application license contained in these Terms and Conditions. We and our licensors and service providers reserve and retain the entire right title and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights in or relating to the App, except as expressly granted to you in this mobile application license contained in these Terms and Conditions. This mobile application licence is effective until terminated by you or us.  Your rights will terminate automatically if you fail to comply with this mobile application license contained in these Terms and Conditions.

You are only authorized to use the App if you agree to abide by all applicable laws and these Terms and Conditions, including this this mobile application license contained in these Terms and Conditions. If you do not agree, you should not install the App or should discontinue use immediately.

16.APPLE AND ANDROID DEVICES

If you obtain the App from either the Apple Store or Google Play (each an “App Distributor”), the App Distributor has no obligations and makes no warranties with respect to the App. The App Distributor will have no obligations to furnish maintenance or support services for the App or to address any claims relating to the App. 

You must comply with the App Distributor’s terms of service and usage rules when using the App.  You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary hereof. 

17.APP CANCELLATION

App subscriptions automatically renew unless you cancel them. If you cancel a paid subscription, you can keep using the subscription until the next billing date. If you cancel during a free trial period, you will lose access to the subscription at the end of the trial period. If you signed up for a free or discounted trial subscription and you don't want to renew it, you must cancel it at least 24 hours before the trial ends.

18.DISCLAIMER

Please read this provision carefully as it affects your legal rights. Any use of or reliance on the Sites, the contents of the Sites or the information provided through the Sites shall be at your sole risk. The Foundation makes no representation or warranty of any kind regarding the Sites, the contents of the Sites or the information provided through the Sites, all of which are provided on an “AS IS” and “AS AVAILABLE” basis. The Foundation expressly disclaims all representations, warranties, conditions and endorsements as to the operation of the Sites, the contents of the Sites or the information provided through the Sites. Without limiting the generality of the foregoing, the Foundation makes no warranty as to the accuracy, quality or completeness of the contents of the Sites or information provided through the Sites, nor to merchantability or fitness for a particular purpose, nor to title or non-infringement, nor to the absence of any software virus, malware or other harmful component. The Foundation does not warrant that the Sites or the delivery, hosting and ancillary services or facilities of third party suppliers utilized by the Foundation will continue to operate, will operate without interruptions or will be error-free.

19.NO LIABILITY

Please read this provision carefully as it affects your legal rights. You, personally and on behalf of any personal representatives, understand and agree that in no circumstances shall the Foundation, its affiliated organizations, its partners and suppliers, its financial supporters and contributors, and their respective directors, officers, representatives, employees, agents, contractors, volunteers and successors or assigns  be responsible or liable to you for any loss, liabilities, claims, expenses or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive, exemplary or consequential damages (hereafter collectively referred to as “Claims”), arising from or in connection with your use of, access to or your reliance on, or your inability to use or access, the Sites, any contents of the Sites, any information provided through the Sites, any external hyperlinks on the Sites, any website hyperlinked to the Sites, or any contents thereof, or any delivery, hosting and ancillary services or facilities of third party suppliers utilized by the Foundation.

The Foundation is not responsible and assumes no liability for third party contents of the Sites or third party information provided through the Sites.

You, personally and on behalf of any personal representatives, without limitation, agree to forever release and discharge the Foundation and all persons and entities set out in this section from any and all Claims.

20.INDEMNITY

Please read this provision carefully as it affects your legal rights. You, personally and on behalf of any personal representatives, agree to indemnify, hold harmless and defend the Foundation, its affiliated organizations, its partners and suppliers, its financial supporters and contributors, and their respective directors, officers, representatives, employees, agents, contractors, volunteers and successors and assigns from and against any and all liability, claims, suits, demands, actions, damages, losses, judgments and costs (including legal fees) arising out of or in connection with (i) your use of, access to or reliance on the Sites, or of any external hyperlinks on the Sites, any website hyperlinked to the Sites, or any contents thereof, (ii) your online conduct in connection with the Sites, (iii) your (or anyone acting under your username or password) violation or breach of these Terms and Conditions, (iv) your failure to comply with any applicable laws or regulations in connection with the Sites, or (v) your negligence, wilful misconduct, or violations of the intellectual property or other rights of any person in connection with the Sites. These obligations will survive any termination of these Terms and Conditions.

21.APPLICABLE LAW

The Sites are controlled by the Foundation from its offices within the Province of Ontario in Canada. All matters relating to access to, or use of, the Sites shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. In the event of any action or proceeding instituted under or related to the Sites, or the contents thereof, you consent and submit to the exclusive jurisdiction of the courts of competent jurisdiction in the City of Toronto, in the Province of Ontario. Use of the Sites is not authorized in any jurisdiction that does not give effect to all Terms and Conditions, including without limitation, this section.

22.SEVERABILITY AND WAIVER

These Terms and Conditions and all other legal notices, statements or terms and conditions posted or made available to you in writing by the Foundation constitute the entire agreement between you and The Foundation. In the event any provision of these Terms and Conditions is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. The failure of The Foundation to enforce any provisions of the Terms and Conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any Terms and Conditions or to act with respect to similar breaches.

23.CONTACT US

If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected]

By accessing, reading and making use of the Sites, or by installing or using the App, you acknowledge and agree, on your own behalf and on that of any entity on whose behalf you may be acting, that you have received, understand and agree to be bound by the Terms and Conditions and the Privacy Policy and that you consent to any matter that requires your consent or approval as described in these Terms and Conditions.