Terms and Conditions

TuneOut™ is a Canadian Company

Website Terms and Conditions Statement

By accessing or using the website operated at https://www.tuneout.ca and such other locations as made available from time to time (collectively, the “Website”) and the services offered through the Website, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms of Use (the “Terms and Conditions”) with TUNEOUT LTD. (“us”, “we” or “our”), in all respects with respect to the Website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website.

TERMS AND CONDITIONS

1. Privacy. You acknowledge that you have read the Privacy Statement located on the Website at www.tuneout.ca/privacy, as it may be updated from time to time (the "Privacy Statement"), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.

 

2. Amendments to these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully amended version of these Terms and Conditions is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Website as set out in these Terms and Conditions. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms and Conditions.

3. Your Account and Account Use. If your use of the Website requires an account identifying you as a user of the Website (an "Account"), then, you are solely responsible for

i. your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and

ii. any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.

4. Website Limitations. The Website depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

5. Proprietary Rights.

 

a. Content — "Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, documents, information, data and any other work.

 

b. Third-Party Content — Content accessed or available through the Website or the Internet may be owned by parties other than you or us (collectively, "Third Party Content") and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms and Conditions grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in these Terms and Conditions. The Website may contain links to Third Party Content on websites operated by parties other than you or us ("Third Party Websites"). We are under no obligation to verify the accuracy of the contents on Third Party Websites, and we do not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such Third Party Websites or the operators of them.

 

c. Our Content — Except where expressly stated otherwise, all right, title and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, "Our Content") is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these Terms and Conditions, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in these Terms and Conditions.

 

d. Your Information — You agree that by inputting, providing, submitting, entering or otherwise transmitting Your Information to us or any third party using the Website,

i. License to Us — You have thereby granted us limited license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Information to the extent reasonably required by us to provide the Website to our customers or to ensure adherence to or enforce the terms of these Terms and Conditions,

ii. Your Warranty to Us — You will have thereby confirmed, represented and warranted to us that you have all rights, titles and interests, as well as the power and authority necessary, to grant the license to Your Information set out above, and

iii. Your Indemnity of Us — You will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Information, including instances where the Your Information is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

f. Public Transmission and Caching — You acknowledge and agree that our management and delivery of the Website to you may involve transmission and storage of Your Information and other Content to select service providers, including cloud service providers, which may be located outside of Canada, and therefore may be subject to the laws and lawful disclosure requirements of the jurisdictions(s) where your information and other Content is transmitted or stored. You further acknowledge and agree that your information may be subject to "caching" or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

 

g. Deletion of your information — If you delete the account to which Your Information is connected, or request deletion of your account to which your information is connected, you acknowledge and agree that we may retain a copy or copies of same for archival or compliance.

 

h. Disclosure to Third Parties — You agree that we may, without notice or liability, disclose to third parties, including, but not limited to, third party service providers, servers, and/or potential acquirers, any of Your Information or Content; monitor use of the Website and monitor, review and retain Your Information if we believe in good faith that such activity is reasonably necessary to provide the Website to customers, ensure adherence to or enforce the terms of these Terms and Conditions; comply with any laws or regulations; respond to any allegation of illegal conduct or claimed violation of third party rights; or protect us or others.

6. DISCLAIMERS, LIMITS OF LIABILITY.

 

a. CUSTOMER ACKNOWLEDGEMENT — YOU ACKNOWLEDGE AND AGREE THAT:

i. ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN RISK;

ii. THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND

iii. THE WEBSITE PROVIDED UNDER THESE TERMS AND CONDITIONS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.


GENERAL TERMS

7. Notices. Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions

a. by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;

b. by you to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to us.

8. Assignment and Inurement. We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

9. Entire Agreement. These Terms and Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic or written, between us and you with respect to such matters.

Last Updated: August 5, 2020.