Last updated: Feb. 23, 2023
THESE TERMS AND CONDITIONS (“TERMS”) SET OUT BELOW GOVERN YOUR USE OF THE MUSIC CREATOR (“musiccreator.ca”) WEBSITE, FEATURES AND SERVICES (THE “SERVICES”) PROVIDED VIA MUSICCREATOR.CA’S WEBSITE WWW.MUSICCREATOR.CA (THE “WEBSITE”). BY USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING, BROWSING, OR PLACING AN ORDER ON THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. musiccreator.ca PROVIDES THE SERVICES SUBJECT TO THE FOLLOWING TERMS, WHICH MAY BE MODIFIED OR AMENDED AT ANY TIME IN MUSIC CREATOR’S SOLE DISCRETION WITHOUT NOTICE, AND BY USING OR CONTINUING TO USE THE SERVICES AND/OR PLACING AN ORDER THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY AND ALL AMENDMENTS THERETO. PLEASE READ THEM CAREFULLY.
Electronic Communications. When you use any Service or send an e-mail to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically, including without limitation, e-mails, notices posted on the Website, or through the Services. You hereby agree that any such communications sent to you electronically satisfy any legal requirement that such communication from us to you be in writing.
Services and Products. musiccreator.ca provides the Services through the Website, which permits you to access digital media content, either via downloading or streaming, produced either by Music Creator or its content suppliers (the “Providers”), and may include, without limitation, audio arrangement recordings or collections of musical loops and tracks (“Soundpacks”), educational multimedia content, such as audio, video, photographic or written media (“Educational Content”), and any other product or content as musiccreator.ca may decide to offer for sale in its sole discretion (collectively, the “Products”).
Privacy. Please review our Privacy Notice, which also governs your use of the Services and the Website.
Copyright. Any and all content included in or made available through any Service, including without limitation, Products, Soundpacks, educational media, text, graphics, videos, multimedia, logos, layouts, design, button icon, images, audio clips, digital downloads, data compilations and software (“Content”), are the exclusive property of musiccreator.ca or its Providers, and is protected by Canadian and international copyright laws. The compilation of all Content included in or made available through any Service is the exclusive property of musiccreator.ca and is protected by Canadian and international copyright laws.
Trademarks. Any and all graphics, logos, page headers, button icons, scripts, and service or trade names included in or made available through any Services are trade-marks or trade dress of musiccreator.ca or its affiliates, in Canada and other countries, where applicable (collectively, the “Trademarks”). You are prohibited from using the Trademarks in any manner or purpose, including without limitation, in connection with any product or service that is not musiccreator.ca’s or its affiliates’, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits or dilutes the goodwill of musiccreator.ca or its affiliates. All other trademarks not owned by musiccreator.ca or its affiliates that appear on the Website or made available or appears on any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by musiccreator.ca or its affiliates.
License. Subject to your compliance with these Terms, musiccreator.ca and/or its Providers grant you a limited, non-exclusive, personal, non-transferable license to access and use the Services and any Products purchased via Services (the “License”). For the avoidance of doubt, the License does NOT include: (i) any collection and use of any product listings, descriptions, or prices; (ii) any downloading or copying of information for the benefit of another merchant; (iii) any use of data mining, robots, or similar data-gathering and extraction tools; (iv) commercial use of Educational Content; (v) creation of derivative works of Educational Content; or (vi) any conduct or activity otherwise prohibited under the provisions of these Terms.
Rights Reserved. All rights not expressly granted to you under the License or these Terms are reserved and retained by musiccreator.ca or its licensors, suppliers, publishers, rights-holders or other Providers. No Service, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of musiccreator.ca. You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) of musiccreator.ca without express written consent. You may not use any meta tags or any other “hidden text” utilizing the name or Trademarks of musiccreator.ca without the express written consent of musiccreator.ca. For the avoidance of doubt, any consent required to be obtained from musiccreator.ca may be unreasonably withheld by musiccreator.ca. You may not misuse the Services. You may use the musiccreator.ca Services only as permitted by law and as set forth in these Terms. The License granted by musiccreator.ca will automatically terminate in the event you fail to comply with these Terms, or any part thereof. musiccreator.ca further reserves the right to modify, suspend or discontinue the Website and/or the Services, or any part thereof, at any time and without notice to you, and musiccreator.ca will not be liable to you or to any third party should it exercise such rights.
Compatible Devices. Use of the Services requires a compatible device, Internet access, and certain software (fees may apply). High-speed Internet access is strongly recommended for regular use and is required for video content. The latest version of certain software may be required or recommended to access the Website and/or Services and may be required for certain transactions or features of the Services and to purchase or download the Products, or to continue viewing or accessing purchased Products. You agree that meeting these requirements, which may change from time to time, is your sole responsibility.
Third-Party Materials. Certain content, products and services available via the Website or Services may include material, data, content, logo or information from third parties or hyperlinks to third party websites. musiccreator.ca may provide links to third-party websites or products. You agree that musiccreator.ca is not responsible for examining or evaluating the content, accuracy or safety of such third-party content or websites, and musiccreator.ca does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that musiccreator.ca is not in any way responsible for any such use by you.
Third-Party Software. There are software programs and technology contained within, or available through, the Website or the Services, that have been licensed to us by third parties (collectively “Third-Party Software”). Any Third-Party Software is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third-Party Software will not be held liable for the removal or other unavailability of such Third-Party Software in the Service. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third-Party Software contained in the Service. musiccreator.ca does not assume any responsibility or liability for your use of such Third-Party Software.
Third Party Applications. Your use of the Services and/or access to the Content may be provided to you through third party websites, platforms and portals, including social networking sites and digital storefronts (collectively, “Third-Party Platforms”). Additional terms and conditions may apply to you with respect to your use of those Third-Party Platforms. musiccreator.ca does not assume any responsibility or liability for your use of such Third-Party Platforms.
Objectionable Material. You understand that by using the Services or Website you may encounter, directly or indirectly, material that you may deem to be offensive, indecent or objectionable, and that such material may or may not be identified as having explicit material, including without limitation, graphics, videos, lyrics, text and song titles. Nevertheless, you agree to use the Services at your sole risk and musiccreator.ca will have no liability to you for any such material.
Termination. If you fail, or musiccreator.ca suspects that you have failed, to comply with any provisions of these Terms, musiccreator.ca, in its sole discretion, without notice to you may Terminate your account and prohibit your access to the Website indefinitely.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES ARE PROVIDED BY MUSICCREATOR.CA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. musiccreator.ca MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
MUSICCREATOR.CA WORKS TO PROVIDE PRODUCTS AND SERVICES THAT ARE FREE AND CLEAR OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RESTRICTIONS. MUSICCREATOR.CA CANNOT THOROUGHLY REVIEW ALL CONTAINED ON THE WEBSITE, AND YOU HEREBY INDEMNIFY AND SAVE HARMLESS MUSICCREATOR.CA FOR ANY THIRD-PARTY COPYRIGHT CLAIMS ARISING FROM YOUR USE OF ANY PRODUCTS OR INDIVIDUAL ELEMENTS THEREIN. IN THE EVENT THAT ANY PRODUCTS, INCLUDING WITHOUT LIMITATION MUSIC SAMPLES, PROGRAM PRESETS AND PROJECT FILES, ARE FOUND TO BE IN BREACH OF ANY RELEVANT LAW, MUSICCREATOR.CA RESERVES THE RIGHT TO CANCEL, DISCONTINUE, DELETE, OR OTHERWISE REMOVE FROM SALE AND ACCESS ANY OFFENDING PRODUCT OR PRODUCTS, OR THE OFFENDING ELEMENTS CONTAINED THEREIN. YOU FURTHERMORE DISCLAIM ANY CAUSE OF ACTION AGAINST MUSICCREATOR.CA ARISING OUT OF LOSS OF ACCESS TO ANY CONTENT ACCESSED VIA THE WEBSITE OR MUSICCREATOR.CA’S SERVICES IN THE EVENT OF ANY SUCH INTELLECTUAL PROPERTY BREACH.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MUSICCREATOR.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MUSICCREATOR.CA DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MUSICCREATOR.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES (INCLUDING THOSE PRODUCED BY THE PROVIDERS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Applicable Law and Disputes. This Agreement shall in all respects be governed and construed in accordance with the laws of the Province of Ontario, Canada applicable to contracts entered into and fully performed therein. Only the Ontario courts (Provincial and Federal) shall have jurisdiction over controversies regarding this Agreement and the parties consent to the same. Any proceeding involving such a controversy shall be brought in those courts, in the City of Toronto, Ontario. Any dispute or claim relation in any way to your use of the services, or to any products or services sold or distributed or otherwise made available by musiccreator.ca through the Website or Services will be resolved by binding arbitration, rather than in court.
Special Notice for International Users. Products and Services available in connection with the Website and the transmission of applicable data, if any, is subject to Canadian export controls. No software or copyrighted material may be downloaded via the Services or Products, or otherwise exported or re-exported in violation of Canadian export laws. Downloading or using the Products or Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Products and/or Services, including as it concerns online conduct and acceptable content.