TERMS OF USE – PRIVACY POLICY

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE.

NIAGARA REGION MUSICIANS ASSOCIATION WEBSITE TERMS AND CONDITIONS OF USE

These terms and conditions of use, including any applicable policies outlined below (“Terms”) are governed by the laws of the Province of Ontario. By accessing this NIAGARA REGION MUSICIANS ASSOCIATION (“NIAGARA REGION MUSICIANS ASSOCIATION”) branded website (“Website”) or using products and services offered by NIAGARA REGION MUSICIANS ASSOCIATION or its suppliers (“Services”) linked to these Terms you are agreeing to accept these Terms. Users of NIAGARA REGION MUSICIANS ASSOCIATION services must additionally comply with applicable Terms of Service. If you do not accept these Terms, please do not use this Website or the Services. Please note that any online activity or transactions on this Website are restricted to individuals who are the age of majority in their province of residence. All information contained in this Website is intended for general usage.

USE OF WEBSITE

NIAGARA REGION MUSICIANS ASSOCIATION authorizes Website visitors and users of its Services (“Visitors”) to view and download the materials on this Website, including text, pictures, graphics, audio or video clips, software and any other information (“Materials”) only for their personal, non commercial use, provided that Visitors retain all copyright and other proprietary notices contained in the original Materials, on any copies of the Materials, abide by all laws and comply with all requirements identified in these Terms. Visitors may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purposes. Any use of these Materials (excluding Visitor Content as defined below) on any other website, electronic device or networked computer environment for any purpose is prohibited.

PRIVACY OF PERSONAL INFORMATION

The collection of any identifiable information about an individual (“Personal Information”) through this Website is done only with the consent of the individual and in accordance with the NIAGARA REGION MUSICIANS ASSOCIATION Privacy Policy, which forms part of these Terms. We urge all Visitors to review this Policy. NIAGARA REGION MUSICIANS ASSOCIATION may contact you by phone or email in order to provide you with updates pertaining to its services as well as information about additional offers, products or events that NIAGARA REGION MUSICIANS ASSOCIATION believes may be of interest to you. You can choose to unsubscribe to such updates by clicking on the unsubscribe link found in all of our email correspondence. Or you may call with your request to 1-905-957-4432.

MONITORING

You acknowledge that NIAGARA REGION MUSICIANS ASSOCIATION has no obligation to monitor any Materials or Visitor Content accessible, transmitted through or posted to this Website or through the Services. You agree that NIAGARA REGION MUSICIANS ASSOCIATION has the right to monitor the use of the Website and Services electronically from time to time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) to operate the Website and Services properly; or (c) to protect itself, other Visitors or users in accordance with the Privacy Policy. NIAGARA REGION MUSICIANS ASSOCIATION reserves the right to refuse to post or to remove any Materials or Visitor Content in whole or in part, that, in its sole discretion is unacceptable, or in violation of these Terms.

TRADEMARK

Any use of NIAGARA REGION MUSICIANS ASSOCIATION or NIAGARA REGION MUSICIANS ASSOCIATION Ltd. trademarks without prior written authorization is expressly prohibited

COPYRIGHT

The Materials at this Website are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If Visitors breach any of these Terms, their authorization to use this Website or the Services automatically terminates and Visitors must immediately destroy any downloaded or printed Materials. Visitors accessing this Website agree to grant to NIAGARA REGION MUSICIANS ASSOCIATION a non exclusive, royalty free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display any Visitor Content submitted, transmitted or posted to the Website or through the Services. Visitors agree that they shall have no recourse against NIAGARA REGION MUSICIANS ASSOCIATION for any alleged or actual infringement or misappropriation of any proprietary right in Visitor Content.

LINKS TO OTHER WEBSITES

Links to third party websites on this Website are provided solely as a convenience to Visitors. If Visitors use these links, they will leave this Website. NIAGARA REGION MUSICIANS ASSOCIATION has not reviewed all of these third party websites and does not control and is not responsible for any of these websites or their content. Thus, NIAGARA REGION MUSICIANS ASSOCIATION does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If Visitors decide to access any of the third party websites linked to this Website, they do this entirely at their own risk.

INDEMNIFICATION

Visitors to this Website shall indemnify and forever save harmless NIAGARA REGION MUSICIANS ASSOCIATION, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with Visitors use of this Website, Services and Materials, from Visitors breach of any Terms herein, or from any such acts arising through Visitors use of any information provided through this Website or the provision of any communications or other materials by the Visitor to the Website.

DISCLAIMER OF WARRANTY

You acknowledge that you are using this Website and any Services or Materials at your own risk. NIAGARA REGION MUSICIANS ASSOCIATION and its Suppliers do not guarantee error free or uninterrupted operations of its Website or Services. The Services and information provided at this Website are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for a particular purpose, or non infringement of intellectual property. NIAGARA REGION MUSICIANS ASSOCIATION and its Suppliers do not warrant the accuracy and completeness of the Materials available on or through this Website. The Materials on this Website may be out of date, and NIAGARA REGION MUSICIANS ASSOCIATION makes no commitment to update the Materials on this Website. Information published on this Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

You agree that in no event will NIAGARA REGION MUSICIANS ASSOCIATION, its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers be liable to you for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of use of this Website (including the Services, Materials or information contained on this Website and/or other linked websites), any unauthorized access to or modification of any Visitor Content you may have posted, accessed or transmitted through the Website or the Services, or any activity or electronic transactions made through this Website or the Services, whether based on warranty, contract, tort or any other legal theory and whether or not NIAGARA REGION MUSICIANS ASSOCIATION is advised of the possibility of such damages.

APPLICABLE LAWS

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts.

GENERAL

NIAGARA REGION MUSICIANS ASSOCIATION may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you and your continued use of the Website signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website

SEVERABILITY

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

ENTIRE AGREEMENT

These Terms constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.

WAIVER

NIAGARA REGION MUSICIANS ASSOCIATION will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by NIAGARA REGION MUSICIANS ASSOCIATION. No delay or omission by NIAGARA REGION MUSICIANS ASSOCIATION in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.

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