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| TERMS OF USE |
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(Last Updated on January 3, 2017)
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AN EVO MEDIA CORPORATION AND EVO RADIO SITE. |
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INTRODUCTION |
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Welcome to the Internet sites of EVO Media Corporation and its subsidiaries (collectively, “EVO Radio”). These Terms and Conditions (as defined herein) apply to all EVO Media Corporation Internet sites which reference these Terms and Conditions including, without limitation, evomcorp.com, evoradio.ca, z1035.evoradio.ca, 979thecowboy.evoradio.ca, 101therockhound.evoradio.ca, z1053.evoradio.ca, 969dabeat.evoradio.ca, and 1039classicrock.evoradio.ca (each a “EVO Radio Site” and, collectively, the “EVO Radio Sites”). By using a EVO Radio Site, or any of the products or services available on a EVO Radio (collectively the “Services”), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular EVO Radio Site or Service, all as may be modified by EVO Radio from time to time in its sole discretion (collectively, the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use an EVO Radio or any of the Services on an EVO Radio Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of an EVO Radio Site following the posting of any changes to these Terms and Conditions will mean you accept those changes. |
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PRIVACY |
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For information on how user information is collected, used and disclosed by EVO Media Corporation in connection with your use of an EVO Radio Site and any of the Services, please consult our Privacy Statement (Below). |
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REGISTRATION, ACCOUNTS AND PASSWORDS |
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Certain of the Services and related features made available on an EVO Radio Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the
confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on an EVO Radio Site, and (b) all activities that occur under such password or account. Further, you agree to notify EVO Radio of any unauthorized use of your password or account. EVO Media Corporation shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section. |
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RESTRICTIONS ON USE OF MATERIALS |
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All material, information and content available on an EVO Radio Site (collectively, “Content”), including the manner in which such Content is presented, and the Services are: Copyright © EVO Media Corporation, its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. EVO Media Corporation grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through an EVO Radio Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content. |
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TRADEMARKS |
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All product, brand and company names and logos used or mentioned on an EVO Radio Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on an EVO Media Corporation Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited. |
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USER CONDUCT |
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In consideration of the availability, and your use, of an EVO Radio Site or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using such EVO Radio Site or Service. You acknowledge that EVO Radio may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to: post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use an EVO Radio Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying an EVO Radio Site, any of the Services, or the Internet; defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component. |
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RESPONSIBILITY FOR MINORS |
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In cases where you have authorized a minor to use an EVO Radio Site or any of the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of an EVO Radio Site or any of the Services; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of an EVO Radio Site may contain material that is inappropriate for minors. |
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FORUMS AND CONTENT SUBMISSIONS |
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By uploading materials to any chat board or forum available on an EVO Media Corporation Site (collectively, “Forums”) or otherwise submitting any materials to us through any other content generating or submitting Service on an EVO Media Corporation Site, you automatically grant (or warrant that the owner of such materials expressly grants) EVO Media Corporation a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.
In addition, you automatically grant (or warrant that the owner of such material expressly grants) EVO Media Corporation a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to broadcast, transmit, exploit, use, communicate, publicly display and perform, distribute and create compilations and derivative works from, such submitted materials in any manner, media or technology, including, but not limited to all forms of radio, wireless and online technology, now known or later developed.
If you are a minor, you must have permission from your parent or guardian to upload any materials to a Forum. EVO Media Corporation may request a parent’s or guardian’s email address from anyone who uploads any materials to a Forum for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. EVO Media Corporation cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that EVO Media Corporation reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. |
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DISCLAIMER |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) AN EVO RADIO SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EVO MEDIA CORPORATION MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) EVO MEDIA CORPORATION SPECIFICALLY MAKES NO WARRANTIES THAT ANEVO RADIO SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF AN EVO RADIO SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. |
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PROFESSIONAL INFORMATION DISCLAIMER |
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The EVO Media Corporation Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of an EVO Media Corporation Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that EVO Media Corporation, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information. |
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FINANCIAL INFORMATION DISCLAIMER |
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The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by EVO Media Corporation through an EVO Radio Site or any of the Services is: (a) for information purposes only; (b) not tailored to the needs or circumstances of any person; and (c) to the extent if applicable to a particular security, only a general discussion of the merits and risks associated there with, d) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by EVO Media Corporation, and e) not necessarily reflective of the views or policy of EVO Media Corporation, including the publisher, contributors and staff of, and advertisers on, an EVO Radio Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by EVO Media Corporation. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information
contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. EVO MEDIA CORPORATION DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE. You acknowledge that EVO Media Corporation or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through an EVO Media Corporation Site. The views and opinions expressed on an EVO Radio Site are not intended to constitute a description of securities bought, sold, or held on behalf of EVO Radio nor an indication by EVO Media Corporation of any intention to buy, sell, or hold any security.
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DISCLAIMER REGARDING SEARCH CONTENT |
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Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through an EVO Radio Site’s search services are protected by copyright and/or other intellectual property laws. EVO Media Corporation does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside an EVO Radio Site, all of the Multimedia Content contained on such sites is owned and served by entities other than EVO Radio. EVO Radio provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through an EVO Radio Site’s search services for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content. |
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MONITORING |
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You acknowledge that EVO Media Corporation has no obligation to monitor an EVO Radio Site or any content accessible through an EVO Radio Site or any of the Services. However, you agree that EVO Media Corporation has the right to monitor an EVO Radio Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate an EVO Media Corporation Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Statement. |
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MODIFICATIONS |
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EVO Media Corporation reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on anEVO Media Corporation Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of an EVO Radio Site and any of the Services immediately. Your continued use of an EVO Radio Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, EVO Media Corporation reserves the right to change, modify, suspend or discontinue any aspect of an EVO Radio Site, Services or Content from time to time without notice or liability and for any reason whatsoever. |
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DOWNLOADS AND SHAREWARE |
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Certain EVO Radio Sites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you byEVO Media Corporation or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by EVO Media Corporation or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that EVO Media Corporation or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that EVO Media Corporation, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications. |
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CONTENT LINKED TO AN EVO MEDIA CORPORATION SITE |
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Please exercise discretion while browsing the Internet. Please note that certain links on an EVO Radio Site may take you to other websites. EVO Media Corporation provides these links only as a convenience and not as an endorsement by EVO Media Corporation. These linked sites are not necessarily under the control of EVO Media Corporation. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. EVO Media Corporation is not responsible for the content of any such linked sites or any other web page which is not part of an EVO Radio Site and under EVO Media Corporation’s control. Unless otherwise expressly provided, EVO Media Corporation makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that EVO Media Corporation will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from an EVO Radio Site. |
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DEALINGS WITH THIRD PARTIES |
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You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, an EVO Radio Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. EVO Media Corporation assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be your’s alone. You agree that EVO Media Corporation shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. |
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INDENIFICATION |
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You agree to defend, indemnify and hold harmless each of EVO Media Corporation, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on an EVO Radio Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of an EVO Radio Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from an EVO Radio Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EVO MEDIA CORPORATION, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER EVO MEDIA CORPORATION HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF AN EVO RADIO SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO AN EVO MEDIA CORPORATION SITE OR ANY OF THE SERVICES. You expressly acknowledge that EVO Media Corporation has entered into this agreement, and has and will make an EVO Radio Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and EVO Media Corporation. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement. |
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GOVERNING LAW/JURISDICTIONAL ISSUES |
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All EVO Radio Sites and Services are controlled, operated and administered by EVO Media Corporation from its offices within Canada. EVO Media Corporation makes no representation or warranty that a EVO Radio Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access an EVO Radio Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through an EVO Radio Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Saskatchewan, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions Section below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Saskatchewan and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. |
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ARBITRATION AND ACTIONS |
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Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any EVO Radio Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Regina, Saskatchewan in English and governed by Saskatchewan law pursuant to the Arbitration Act, 1991 (Saskatchewan), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. |
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TERMINATION |
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You acknowledge and agree that EVO Media Corporation, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, an EVO Radio Site or any of the Services, and remove and discard any information or content related to an EVO Radio Site or any of the Services (and your use thereof), for any reason, including where EVO Media Corporation believes that you have violated any of these Terms and Conditions. You further agree that EVO Media Corporation shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with an EVO Radio Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of EVO Media Corporation in operating an EVO Radio Site or any of the Services, your sole and exclusive remedy is to discontinue using an EVO Radio Site or any of the Services. |
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SUBMISSION OF IDEAS AND/OR SUGGESTIONS |
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EVO Media Corporation is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO EVO MEDIA CORPORATION BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO EVO MEDIA CORPORATION, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO EVO MEDIA CORPORATION THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT EVO MEDIA CORPORATION IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY EVO MEDIA CORPORATION, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. |
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GENERAL PROVISIONS |
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This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between EVO Media Corporation and you pertaining to your use of an EVO Radio Site, Services and Content and supersede any prior agreements between you and EVO Media Corporation with respect to the subject matter hereof. EVO Media Corporation’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais. |
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| PRIVACY POLICY |
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- PURPOSE
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1.1) Where the Company and its group of radio stations are engaged in Commercial Activities that sometimes involve the collection of personal and private information from customers, suppliers and the general public; and
1.2) Where the Company and its group of radio stations are sensitive to the collection and use of that information because of its importance to the individual from whom it was collected; and
1.3) Where the Company and its group of radio stations wish to be in compliance with certain federal legislation as it relates to the collection and use of personal private information;
THE COMPANY HEREBY ENACTS THIS POLICY ON THE COLLECTION AND RETENTION OF PERSONAL PRIVATE INFORMATION. |
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- SCOPE
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2.1) This policy is intended to address the collection and use of information that is both personal and identifiable to an individual. Personal and Identifiable Information includes personal characteristics such as age, name, home address, telephone number, social insurance number and financial information (herein after referred to as “Personal Information” and/or “Identifiable Information”).
2.2) For clarity, this policy is not meant to capture the collection of corporate information from other companies or businesses.
2.3) This policy shall also apply to any consultant such as lawyers and accountants that the Company may engage in the regular course of business. |
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- SOURCE OF INFORMATION
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Clients
3.1) The Media Industry is driven primarily by advertising. Private individuals often purchase ad time, which necessitates the collection of contact information and financial information for proper contract maintenance and collection.
3.2) Further, the collection of contact information allows the company to follow up with clients to offer future advertising time as it becomes available.
General Public
3.3) The Radio Business is interactive in nature and engages its audience. As a result, listeners will often be invited to “call-in” for reasons such as contests or making requests.
3.4) The contact information of the caller will be recorded in order to ensure the proper collection of prizes.
3.5) In the past few years, Radio has expanded onto the internet to allow for more personalized listening. Information gathered through the use of our website on cookies can NOT identify users and is beyond the scope of this policy. Identifiable information is voluntarily provided by listeners in order to join fan clubs, participate in surveys or contests and to provide feed-back. We may use this information to provide listeners with promotional material of general interest. A listener may “opt-out” at any time by sending an email through the radio station’s website and the Personal Information is immediately removed from our data-base.
3.6) The Company greatly appreciates its listeners’ feedbacks on their experiences with its group of radio stations. We may use these testimonials to provide other listeners and/or clients with promotional materials. Therefore, by providing a testimonial, the listener consents in allowing the Company to publish their testimonial in its Testimonial Section of the respective radio station’s website and other relevant productions. The Company does not and will not give any monetary compensation for any and all testimonial(s) submitted. Submitting a testimonial does not guarantee that it will be published. All testimonials will be reviewed and filtered, then be selected to be published at the sole and full discretion of the Company. Please be advised that the Company will make applicable edits to each testimonial for grammar, Personal Information protection, and/or minor modifications to clarify context. We have the highest level of respect for our listeners’ privacy, therefore, no testimonial provider’s Personal Information will be disclosed, unless otherwise noted.
3.7) Occasionally, listeners may take offence to an item they heard, or thought they heard, on our stations and may file a complaint with the Canadian Broadcast Standards Council (CBSC). Under CBSC guidelines, we are required to respond to the complainant directly and will receive their contact information in order to comply with the regulations.
3.8) Our stations are continuously updating our talent-banks. As a result, we are provided with resumes and demos from members of the public. As a result, we require contact information in order to conduct interviews, etc. Although we do not require certain information, some individuals may also provide us with birthdates and Social Insurance Numbers which are held in the strictest confidence.
Employees/Independent Contractors
3.9) To ensure proper payment and accounting of staff and contractors, we are required to collect Identifiable Information from individuals such as contact information, banking information, legal status to work in Canada, Social Insurance Numbers.
3.10) To ensure the safety of Employees and Contractors, we also collect family information to be used in the case of an emergency which occurs during work hours.
Students
3.11) Our stations will often work with Universities and Colleges through their Co-Operative Education programs and will hire students for a determined work-term.
3.12) In order to determine we have hired qualified candidates, the Company will collect academic information including academic records and student numbers.
3.13) In order to ensure the effectiveness of the Co-Op program, the Company will continue to collect personal information such as performance reviews of students throughout the work-term. Students acknowledge the importance of this collection process to the program and understand that it will be shared with their academic institution whatever its content. |
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- USE AND DISCLOSURE
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4.1) None of the Personal and Identifiable Information collected shall be used for any purpose other than those outlined in this policy.
4.2) It is rare that the Company would disclose any Personal and Identifiable Information without the consent of the individual concerned. There are certain instances, however, where such consent is not required such as medical emergencies, debt collection, reporting to federal agencies (such as Canada Revenue Agency) and the Courts or during the investigation of a criminal activity. |
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- STORAGE OF PRIVATE INFORMATION
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5.1) The Company shall endeavour to keep the information covered by this Policy secure during the entire time is in the possession of the company. To that end, information is held and viewable only by employees whose job requires them to have access to that information.
5.2) As a general rule, Personal Information shall be maintained for a minimum period of seven (7) years to satisfy the audit requirements of the Canada Revenue Agency. At the end of that period, all documents shall be destroyed in a manner that is acceptable to the tax authorities.
5.3) Employee/Contractor personnel files will be maintained for the duration of employment and will be kept for the length of any limitation period in which an employee can bring suit against the Company.
5.4) Applications received from the general public will be held only as long as required to staff vacant positions. |
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- ACCESS TO INFORMATION
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6.1) Any individual who knows or suspects the Company is in possession of Personal Information is entitled to know the degree and content of that information.
6.2) In order to view the Information, an individual must arrange an appointment with the Privacy Officer in writing and must detail the nature of the information sought with as much precision as is possible in the circumstances. No information will be revealed in any manner other than during a personal meeting with the Privacy Officer.
6.3) We may charge a fee to recover any expenses incurred in processing your request.
6.4) Not every request to view personal information will be granted. There are certain legal exceptions to the disclosure of information to an individual. In the event your request has been denied, the Privacy Officer will advise you in writing of the detailed reasons for the refusal.
6.5) Upon viewing the information, an individual may request that the Company correct factual errors. In the event the Company disagrees as to the accuracy of the information and the correction proposed, a notation shall be made in the file of your objection and delivered to any individual who has access to that information. |
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- CONCERNS
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7.1) Any concerns regarding this policy or its application may be directed to the Chief Privacy Officer (CPO): EVO Media Corporation P.O. Box 299 Kennedy, SK S0G 2R0
7.2) If you wish to make a formal complaint please address your concerns in writing to the CPO. All complaints received by the CPO will be investigated and a reporting detailing the results of that investigation shall be delivered to you within 60 days.
7.3) For general inquiries regarding privacy legislation in Canada, please address your questions to: The Information and Privacy Commissioner of Canada 112 Kent Street Ottawa, ON K1A 1H3 |
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