1. Introduction

1.1.  0971197 B.C. Ltd., doing business as “Roundhouse Radio” (“RHR”) is a low-power FM radio station broadcasting at 98.3 FM, serving the City of Vancouver.

1.2.  These Terms of Use (the “Terms of Use”) set out the disclaimers, terms and conditions relating to RHR’s website (“RHR’s Website”) and the content thereon.  RHR reserves the right, in RHR’s sole discretion, to modify or update the disclaimers, terms and conditions contained herein from time to time which revisions will be posted on RHR’s Website.

1.3.  By accessing and using RHR’s Website, the Users, as defined herein, are deemed to be aware of the contents of these Terms of Use and agree to accept the following disclaimers, terms and conditions, and are bound by same including any revisions thereto.  Continued use of the RHR Website constitutes ongoing agreement to be bound by these Terms of Use as they may be revised.

1.4. The Users agree to review this information from time to time as may be required to keep informed of any revisions.  If a User does not agree or ceases to agree with the terms set out herein, that User must either not register as a User or, alternatively, deregister and/or cease using the RHR Website immediately.

 

*PLEASE READ THE FOLLOWING DISCLAIMERS, TERMS AND CONDITIONS CAREFULLY.*

2. Important Terms and Interpretation

For the purpose of these Terms of Use, the words listed in sections 2.1 through 2.7 have the following meanings:

2.1.  “Copyright” has the same meaning as in the Copyright Act of Canada, as amended from time to time;

2.2.   “Employee” means an employee, contractor or pensioner of RHR;

2.3.   “Intellectual Property” includes Copyrights and Trade-marks, as defined herein;

2.4.   “Interactive Content” means any communication facilities or functions available on RHR’s Website that allow Users to:

2.4.1.  publicly or privately message or email RHR or other Users; or

2.4.2.  comment on, “Like”, “Share”, “Retweet”, “Pin” content on RHR’s Website or any similar actions;

 

2.5.  “RHR’s Website” includes the official website of RHR, as well as all social media accounts and/or pages owned and operated by RHR including, but not limited to:

2.5.1. Facebook;

2.5.2. Twitter;

2.5.3. Instagram;

2.5.4. Pinterest;

 

2.5.5. Google Plus;

2.5.6. Youtube;

2.5.7.  Soundcloud;

2.5.8.  iTunes; and

2.5.9.  Linkedin.

2.6. “Trade-mark” has the same meaning as in the Trade-marks Act of Canada, as amended from time to time; and

2.7.  “User” means an individual who accesses or uses RHR’s Website, regardless of the type of device used to access or use RHR’s Website.

 Wherever the context so requires, the singular shall be read as if the plural were expressed, and vice-versa, as the context requires.


3. Intellectual Property

3.1. All of the names, titles, logos and designs used on RHR’s Website to identify RHR’s products and brands, including any derivative and related names, titles, logos and designs, constitute Trade-marks and are the exclusive property of RHR.  The use or misuse of any of these materials by Users without consent from RHR is strictly prohibited.

3.2. All of the names, titles, logos and designs of any third parties used on RHR’s Website are the property of their respective owners, as applicable.

3.3. RHR’s Website contains copyrighted material, Trade-marks and other proprietary information including, but not limited to:

3.3.1.  text;

3.3.2.  photographs;

3.3.3.  graphics;

3.3.4.  images;

3.3.5.  illustrations;

3.3.6.  music;

3.3.7.  audio;

3.3.8. video; 

3.3.9.  software

3.3.10. audio stories/podcasts; and

3.3.11. all other content;

(collectively, the “Website Material”).

 3.4.  All of the Website Material used on or used to facilitate the operation of RHR’s Website is protected by Copyright as a collective work and/or compilation under the Copyright Act of Canada, international conventions and other copyright laws.  RHR owns all of the Copyrights related to the Website Material, as well as in its selection, coordination, arrangement and enhancement of the Website Material.  

3.5. No Website Material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express, prior written consent of RHR.  Notwithstanding the foregoing, a User may, where provided specifically for download, download one (1) copy of any available downloadable content including audio stories/podcasts on any single device for his or her personal, non-commercial use only, if he or she:

3.5.1.  keeps all Copyright and proprietary notices in place; and

3.5.2. agrees that he or she does not acquire any ownership or other rights to use in the Website Material;

and if he or she does not:

3.5.3.  modify the Website Material in any way; and

3.5.4.   use the Website Material in a manner that suggests an association with RHR or RHR’s products, services, or brand.

3.6. If a User uses RHR’s Intellectual Property in a manner that contravenes the terms and conditions set out in these Terms of Use or the rights of RHR under the applicable laws of Canada, he or she may be subject to penalties under the laws of Canada.

3.7.  RHR, its licensors or associates retain exclusive ownership of all data, material or other information regarding the User’s use of RHR’s Website and RHR does not grant any license to a User by virtue of these Terms of Use of the Intellectual Property rights, except for the limited right to use the RHR Website in accordance with the terms of these Terms of Use and such other policies as may be in place.

 

4. Links to and from Third Party Websites

4.1. RHR’s Website may, from time to time, contain links to external, third party websites including links through streaming content (the “Third Party Websites”) as a courtesy to its Users. Third Party Websites are independently owned and operated.

4.2. As a result, RHR does not make any endorsements, warranties or representations of any kind whatsoever regarding Third Party Websites (including but not limited to opinions, advice, statements, warranties or representations).

4.3. Further, RHR does not have any responsibility for the content on Third Party Websites. Users who link to Third Party Websites through links contained on RHR’s Website do so at their own risk.

4.4. The linked sites and content are not under RHR’s influence or control, and RHR is not responsible for any third party content or the contents of any linked site or subsequent links from that site. RHR’s Privacy Policy is applicable when Users are on RHR’s Website. Please review the streaming provider's and the linked site's use agreements and privacy policies, and if the User does not agree to be bound by the terms, RHR recommends that the User terminate use of that service or that site. By using RHR’s Website, the User expressly relieves RHR from any and all liability arising from the use of any Third Party Websites.

4.5. Third Party Websites may contain links to RHR’s Website, unless the Third Party Website contains content that may be construed, in the sole discretion of RHR, as being distasteful, offensive, controversial or inappropriate for some age groups.

4.6.If a Third Party Website links to RHR’s Website in accordance with section 4.5 above, unless expressly authorized by RHR, the Third Party Website may not:

4.6.1. replicate any of the content on RHR’s Website; or

4.6.2. represent, expressly or implicitly, that RHR is associated with or endorsing the owner of the Third Party Website, the Third Party Website, or the products or contents contained thereon.

 

5. Interactive Content

5.1. A User using the Interactive Content available on or through RHR’s Website must not:

5.1.1.    commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;

5.1.2.    defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicly, moral, statutory, common law or intellectual property rights of any other individual;

5.1.3.    publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;

5.1.4.    upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;

5.1.5.  delete or alter any author attributions, Trade-marks, trade-names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;

5.1.6.  falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;

5.1.7. advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;

5.1.8. download any file posted by another User of RHR’s Interactive Content that the User knows, or ought reasonably to have known, cannot be legally distributed in such manner; or

5.1.9.  engage in any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.  

5.2. Users acknowledge and agree that Interactive Content:

5.2.1.  involves public and not private communications;

5.2.2.  may only be used for non-commercial purposes; and

5.2.3.  is not monitored, screened, sanctioned or endorsed by RHR, and such communications shall not be considered reviewed, screened, or approved by RHR.

5.3.  Users shall remain solely responsible for the content of their communications.

5.4. Notwithstanding section 5.2 above, RHR reserves the right, but not the obligation, to monitor the content of the RHR Website, including Interactive Content, and to remove, refuse to post or edit any material or content which is determined, in RHR’s sole discretion, to be in violation of the provisions of these Terms of Use or otherwise objectionable.  RHR reserves the right, in RHR’s sole discretion, to deny any User access to RHR’s Website, without notice.

5.5.  By using the Interactive Content, a User automatically and irrevocably:

5.5.1. grants RHR and its worldwide licensees or assignees, a perpetual, non-exclusive and royalty-free license throughout the world to use, display, perform, edit, promote reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute, and otherwise exploit any or all portions of such material or content in any form, anywhere and for any purpose, including by means of any technology now known or hereafter developed; and

5.5.2.  waives all ownership rights and moral rights, as defined in the Copyright Act of Canada, in any content posted, uploaded or submitted by such User.

 

6. Lawful Use and Obligations of the User

6.1. All Users of the RHR Website agree to use same and its contents for lawful purposes and only as permitted by these Terms of Use and other policies in place and published on RHR’s Website from time to time.

6.2. Except as otherwise permitted herein and as RHR may expressly authorize, the User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the RHR Website or otherwise in any way exploit any of the content of the RHR Website, in whole or in part.

6.3. Systematic retrieval of data or content from the RHR Website to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without RHR’s written permission is strictly prohibited.

6.4. Users agree that they will not post or transmit through the RHR Website any form of virus, worm, Trojan horse or other malicious code or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability, damage RHR or other parties, or otherwise violate any law, or which, without RHR’s approval, contains advertising or solicitation with respect to products or services.

6.5. Users will not attempt to gain access to secured portions of the RHR Website which are not intended to be publicly accessible.

6.6. Users will not use any automatic or manual process to search or harvest information from the RHR Website and also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights and the burden of determining that any material is not protected by copyright rests with the user prior to posting.

6.7.  Any conduct by Users that in RHR’s discretion restricts or inhibits any other user from using or enjoying RHR’s products or services or interferes in any way with the proper functioning of the RHR Website will not be permitted.

6.8.  By using the RHR Website, each User agrees that he or she is the age of majority in their province of residence or that he or she has custodial parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; he or she will be able to abide by and comply with these Terms of Use; he or she will provide accurate information when creating an account, if applicable; and that he or she will be solely responsible for all activity of the User’s account login that occurs while signed in including content submissions, profile information, links, pictures and other content.

 

7. Grant of License

7.1.1. Each User agrees that by posting or submitting content to the RHR Website, he or she is granting RHR and its worldwide licensees or assignees, a perpetual, non-exclusive and royalty-free license throughout the world to use, display, perform, edit, promote reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute, and otherwise exploit any or all portions of such material or content in any form, anywhere and for any purpose, including by means of any technology now known or hereafter developed; and

7.2.  Each User also represents and warrants that he or she owns or otherwise controls all of the rights to the content that he or she posts or submits to the RHR Website and that RHR’s use of such material in accordance with these Terms of Use will not infringe on or violate the rights of any third party, including, but not limited to, any privacy, publicity, copyright, trade-mark, or trade secret rights.  Users posting or otherwise submitting content represent that they have appropriate permission from the rightful owner of such content to submit same to RHR.

 

8. Jurisdictional Issues

8.1. The Website Materials are presented for the purpose of promoting RHR and RHR’s broadcasts in British Columbia only. RHR’s Website is controlled and operated by RHR in Canada within the scope of RHR’s license from the Canadian Radio-Television and Telecommunications Commission (“CRTC”).

8.2. RHR makes no representation that the Website Materials are appropriate or available for use outside of British Columbia or under a different CRTC license.

8.3.   these Terms of Use shall be construed with the laws of the Province of British Columbia and the Federal Laws of Canada applicable thereto. 

8.4. Users expressly agree that any claim or action arising out of these Terms of Use or a User’s use of the RHR Website shall be filed on in the courts of the Province of British Columbia or Federal Court of Canada, if applicable, and each User further agrees and submits to the personal jurisdiction of such courts for the purposes of litigation any such claim or action.

 

9.  Termination

9.1. By accessing and using RHR’s Website, Users are deemed to have agreed to be bound by the terms and conditions contained in these Terms of Use.

9.2.  A User may terminate the application of these Terms of Use to themselves at any time by destroying all materials obtained from RHR’s Website.

 

9.3. RHR may terminate the application of these Terms of Use with regards to any given User, without providing notice to such User, if it is determined in RHR’s sole discretion that the User failed to comply with any term or provision hereunder.

9.4. Upon termination of these Terms of Use, the User shall:

9.4.1. destroy all materials obtained from RHR’s Website and any and all copies thereof, whether made under these Terms of Use or otherwise; and

9.4.2.  indemnify RHR, including RHR’s Employees, shareholders, officers, directors, agents and representatives, against any and all third party claims, if any, with respect to all claims, loss or damage related to the User’s use of the RHR Website, Website Material or Interactive Content.

 

 

10. Disclaimer

10.1. The Website Materials are provided “as is” and “as available” for use by its Users and without warranties of any kind, neither express nor implied. To the fullest extent permissible pursuant to the applicable law, RHR disclaims all warranties, express or implied including but not limited to any representations regarding the absence of viruses, or the correctness, accuracy, quality or reliability of the materials herein. The Users, and not RHR, assumes the entire cost of all necessary servicing, repair or correction. RHR does not warrant that RHR’s Website or the servers that make the Website Material available will be operable, uninterrupted, virus-free or error-free, or that defects will be found or corrected. RHR also provides no warranty regarding the accuracy, timeliness, authenticity, completeness or reliability of any information, content, service or other merchandise provided through RHR’s Website and the disclaimers and terms and conditions contained in these Terms of Use and any future terms of use.

10.2. By accessing and using RHR’s Website, each User acknowledges and expressly agrees that use of RHR’s Website is at his or her sole risk and discretion. Each User agrees to indemnify RHR and hold RHR, including RHR’s Employees, shareholders, officers, directors, agents and representatives, absolutely harmless from any claim arising from or in any way connected to the User’s use of RHR’s Website, including, but not limited to the User’s:

10.2.1. posting, uploading or submitting materials or content to any Interactive Content on RHR’s Website; or

10.2.2.  failure to comply with these Terms of Use.

 

11. Limitation of Liability

11.1.Under no circumstances, including, but not limited to, negligence, shall RHR be liable for any damages in law or in equity including without limitation direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the RHR Website or from information provided on the RHR Website or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, and the risk of any injury for the foregoing rests entirely with the User.

11.2. This limitation applies whether the alleged liability is based in contract, tort, negligence, strict liability or any other basis including any defamatory, offensive or illegal conduct of other Users or third parties, even if RHR has been advised of the possibility of such damage.

11.3. As some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, RHR’s liability in such jurisdictions shall be limited to the extent permitted at law.

11.4.  Users are responsible for taking reasonable precautions to:

11.4.1  protect their  devices from viruses; and

11.4.2. backup the files on an external hard drive or otherwise. 

 

12. Indemnity

12.1. Each User of the RHR Website agrees to defend, indemnify and hold harmless, RHR, its Employees, its affiliates, subsidiaries, parent company, as applicable, and each of their respective employees, officers, directors, shareholders, agents, consultants and licensees, harmless from and against any and all liabilities, claims, damages, costs or debts and expenses, including legal fees that arise from:

12.1.1. use or misuse of the RHR Website by a User including, without limitation, violation of these Terms of Use;

12.1.2. a violation of any third party right including, without limitation, any copyright, property or privacy right by a User; or

12.1.3. any claim that any content submitted by a User caused damage to a third party.

12.2. RHR reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by a User, in which event the User will cooperate with RHR in asserting any defence available.

12.3. The User’s defence and indemnification obligations will survive these Terms of Use and the User’s use of the RHR Website.


13. General Provisions

13.1.   By choosing to access the RHR Website from anywhere other than the Province of British Columbia, each User accepts full responsibility for compliance with all local and federal laws as may be applicable.  RHR makes no representation that materials on the RHR Website are appropriate or available for use, and accessing such content from territories or jurisdictions where the contents are illegal, is strictly prohibited.

13.2.  The services and information provided are protected using industry standard security precautions and it is up to the User to fully understand the risks and threats of using public internet and to be sufficiently aware of those risks and to adequately protect his or her confidential information.

13.3. For contractual purposes, each User consents to receiving communications from RHR and/or its agents in an electronic form and that all terms and conditions provided electronically satisfy any legal requirements that such communications would satisfy if they were in writing.

13.4.    If any provision of these Terms of Use is determined to be invalid or unenforceable, that portion will be construed consistent with the applicable law and all other provisions shall remain in full force and effect.

13.5.    Section headings are used for convenience only and shall not be given any legal import.

13.6.    Each User agrees to use the RHR Website for authorized and legal activities.

13.7.    RHR reserves the right, at its sole discretion, to terminate the access of any User to all or part of the RHR Website, with or without notice, and for any reason whatsoever.

13.8.    In using the RHR Website, each User agrees that he or she has read and accepts the terms of RHR’s Privacy Policy found on the RHR Website.

13.9     Roundhouse Radio will be pledging $1.00 (CDN) on behalf of every valid registrant to its Community Partner.  Each month, all NEW members (have not previously registered for the club) who are validated and become members of the club between 12:01am (PST) on the first day of each month and 11:59 pm (PST) on the last day of each month will generate a $1 (CDN) donation to be made by Roundhouse Radio to a local charity of its choosing.  The donation amount will not exceed $1,000 in any given month and Roundhouse Radio reserves the right to end or modify this program at any time without notice.

 

14.Contact Information

14.1. If you would like more information on RHR’s Website or have questions or concerns about the above, please feel free to contact us at 604-449-7983 or info@roundhouseradio.com and our staff will be delighted to help you.