TI KAY MUSIC TERMS OF SERVICEWelcome to Ti Kay Music, an online music service provided by Ti Kay Entertainment Inc. (referred here as "Ti Kay Music", "we", "our", or "us") that allows you to purchase and access digital versions of sound recordings, artwork, and information relating to the sound recordings. By using Our Services, you agree to the following conditions below. Please read them carefully.
By using the Website to sign up to use our services, including being a contributor of content, or to access any preview clips, you agree to and are bound by the terms of this Agreement. You must accept and abide by these terms as presented to you, and we reserve the right to change, alter, replace, or otherwise modify this Agreement at anytime. The date of last modification is stated at the end of these Terms of Service. It is your responsibility to check the Agreement each time before using the Websites, and your continued use of the Websites will indicate your acceptance of any changes. In addition, you agree to comply with all municipal, provincial, federal, and international laws, statutes, ordinances, and regulations that apply to your use of the Website.
Use of Website. You may use the Website for lawful purposes only and you agree not to use the Website in any way which may cause the Website or access to it to be interrupted or impaired in any manner.
Our Services. The Ti Kay Music store allows you to purchase Music Content via permanent download. All sales are final and risk of loss transfers upon sale. We do not accept returns of purchased Music Content.
Age Restrictions. To register for use of the Website on your own behalf, you must be at least 18 years of age. If you are at least 13 years of age or older but under the age of majority in your jurisdiction of residence, you must have your parent or legal guardian’s permission to enter into this Agreement on your behalf. Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child's use of the Website, including all financial charges and legal liability that he or she may incur.
Rights Granted. You may use the Services only for your personal, non-commercial purposes, subject to the Agreement. You may not use the Services to transfer or distribute content of or on behalf of third parties, to operate your own content application or service, to resell any part of the Services or for any form of unlawful file sharing. We grant you a non-exclusive, non-transferable right to use purchased Music Content only for your personal, non-commercial purposes, subject to the Agreement. Except as set forth in the preceding sentence, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use purchased Music Content from this service. We do not grant you any synchronization, public performance, public display, promotional use, commercial sale, resale, reproduction or distribution rights for Music Content you purchase or access through the Services. You must comply with all applicable copyright and other laws and with the terms of any licenses or agreements to which you are bound in your use of the Services and Music Content you purchase or access through them.
Content. All "Content", including but not limited to digital downloads of sound recordings and related digital content, including songs, music, downloads or clips, and all artwork, graphics, text, Trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Ti Kay Entertainment Inc., and is protected by Canadian and international trademark, copyright, and other intellectual property rights laws. Without the prior written consent of Ti Kay Entertainment Inc. and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, marketed, reproduced, altered to make new works, performed, or compiled in any way. Through the use of the Website, you are permitted to listen to Clips (as defined below), and obtain digital downloads of sound recordings and related digital content, which is part of the Website's Content. Some of the Content is "Products". The Content is only for your personal, noncommercial use.
Objectionable Material. When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which content may or may not be identified as having explicit language. You agree to use the Website at your own risk and we shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
Your Account. To use the Services of the Website, you must register and provide certain information ("Registration Data") to us for the purposes of creating an Account. You agree to provide accurate and complete information at the time you register and you will update your information as necessary to keep it current, complete and accurate. We may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, or incomplete. You agree that we may store and use the information you provide for use in billing fees and maintaining your Account. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. We shall not be responsible for any losses arising out of the unauthorized use of your Account, and you agree to hold harmless and to indemnify us, our partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, we will terminate your Account.
Electronic Communications. When you use our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Charges and Billing. You agree to pay for all Products that you purchase through the Website. We may charge your credit card for any Products purchased, and for any additional amounts (including any taxes as applicable) as may be accrued by or in connection with your Account. Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the product. We will charge tax only in jurisdictions where digital goods are taxable. We currently accept Visa, Master Card, and PayPal. We do not accept cash, money orders, or checks. You, not us, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement to determine your rights and liabilities as a cardholder. We reserve the right to change this policy at any time.
Sale of Permanent Downloads. Each Permenent Download is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of Permanent Downloads by you will be regarded as a separate transaction and each delivery of a Permanent Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
No Refunds. All sales are final and all charges from those sales are nonrefundable. We will not refund any fees for Products that you purchase and then fail to download, unless such failure is caused solely by us.
Content Usage Rules. Your access to and/or use of any Products will be limited by the rules assigned to the Products by us and described on the Webpage where you acquire access to the individual Product. You may not attempt, nor support others attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Product Rules. We reserve the right to enforce the product rules with or without notice to you.
A "Clip" is a promotional portion of a Product, in some cases an entire Product, which is made available to you while you are logged onto the Website. Clips are offered at no cost to you, and you may play as many Clips as you like. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Clip.
A "Purchased Download" is a Product that you can keep permanently and may (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. We shall have no liability for lost, damaged, or destroyed Purchased Downloads. Any security technology that is provided with a Purchased Download is an inseparable part of it. The Purchased Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads or Content contained on the Website except for your own personal, non-commercial use. Any copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the Copyright Act of Canada, and is in violation of Canada and international copyright and intellectual property laws.
Prohibited Uses of Permanent Downloads. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Permanent Downloads. You may not play and then re-digitize any Permanent Downloads. You may not create any "derivative works" by altering any of the Content. You may not use the Permanent Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). YOU MAY NOT UPLOAD DOWNLOADS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Permanent Downloads to devices for such purpose is expressly prohibited and is a violation of Canada and international copyright law.
Product Availability. We may at any time lose the right to make certain Products available. In such an event, you will no longer be able to access such Products from or obtain them from the Website catalogue.
Electronic Signatures and Contracts. Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications.
Copyrights. All copyrights in and to the Website, including but not limited to, the Ti Kay music store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), are owned by Ti Kay Entertainment Inc. and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this Agreement are reserved to Ti Kay Entertainment Inc. and/or is licensors.
Trademarks. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Ti Kay Entertainment Inc. and/or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
No Responsibility for Third-Party Materials or Websites. The Website may include Products, Content, and services from third parties available via our Website. We may include links to third party websites, which are provided solely as a convenience to you. We assume no liability or responsibility for third-party materials or websites, and you acknowledge and agree that we are not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
Credit Card Security. We place great importance on keeping secure the credit card details you provide and to that end we use security systems which comply with the Payment Card Industry Data Security Standard, a worldwide standard for data protection across the payment industry.
Promotions and Advertising. We and/or our business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
Modifications to the Service. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
Remedies. You agree that any unauthorized use of the Service, or any related software or materials may result in irreparable injury to us and/or our affiliates or licensors for which money damages would be inadequate, and in such event we, our affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief against you. Nothing contained in these Conditions shall be construed to limit the remedies available pursuant to statutory or other legal authority that we, our affiliates and/or licensors may have.
Disclaimers. You understand and agree that your use of the Services and Products is at your own sole risk. The Services and Products are provided "as is" and without warranty by us or our agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "Digital Entities"), as applicable, and, to the maximum extent allowed by applicable law, the Digital Entities expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. The Digital Entities do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Products with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold any Digital Entity responsible for any damages that result from you accessing the Services or using the Products including, but not limited to, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to any of the Digital Entities. Under no circumstances shall any Digital Entity be liable for any unauthorised use of the Services, Products, or any other materials. Under no circumstances shall any Digital Entity be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the Products, even if the Digital Entity has been advised of the possibility of such damages.
Governing Law. The laws of the Province of Ontario, of Canada, excluding its conflicts of law rules, govern this Agreement and your use of the Website. Your use of the Website may also be subject to other municipal, provincial, federal, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Website resides in the courts of Ontario, Canada.
Last Amended: 21 October 2014