Terms of Use of
Products and Services
Please read carefully.
This is a declaration of agreement
between yourself and TONALITY DISTRIBUTION INC. enunciating the
rules guiding your usage of Tonality’s website, located at
www.tonality.ca.
You have to accept and respect the limitations presented to you.
Only Tonality has the right to change, add or take away parts of this
agreement, at any moment. It is your responsability to validate this
agreement before all usage of the website. Also, your continuous use
of the site will attest your agreement of all occuring changes, if it
applies. To indicate your acceptance of the terms of use concerning
the website, click on «ACCEPT». If you don’t accept
the terms, don’t click the «ACCEPT» button, and
don’t use the services provided on the site. It’s that
simple.
Age requirements
To
register for the use of the services on your own behalf, you must be
at least 18 years of age. If you are at least 13 years of age, but
under 18 years of age, you must present this agreement to your
parents or legal guardian, and he or she must click "AGREE"
to enter into this agreement on your behalf. Children under 13 years
of age may not register for the services, 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 Service, including all financial charges and
legal liability that he or she may incur.
NB : The names Tonality,
«tonality.ca», Tonality Distribution Inc. and
www.tonality.ca
are related to and are property of the same company (Tonality
Distribution Inc.) and can’t be separated, in any legal
consideration whatsoever. Distinctions are made in the text to
distinguish the website, the company itself and its team, depending
on the context.
GENERAL DESCRIPTION OF USAGE
During the use of services provided by the site
"tonality.ca", you can download musical pieces, listen to
30 seconds samples, view in "stream" and download videos,
display files, ebooks, place orders for books and graphic artworks
but also to access several information concerning the artists
themselves. The products and services provided by the site of
Tonality are only for your personal use; any subsequent use for
commercial purposes is strictly defended. You are responsible for
any electronic material, systems and software which you use for:
getting connected to the
Internet in every way possible
using Internet to access the
site on which are offered services by Tonality.
Consulting the site, placing
orders, viewing streaming videos, listening to samples and
downloading files.
The service is not part of any other
offer or product, and as such, the purchase or gaining of any other
product will not be representative of or be guaranteeing the access
to the service. Also, to use the paid services of the site (for all
orders and downloadings), you must be registered and provide diverse
informations (for example, a user name, a password and a valid email
address, mailbox number, etc.) to Tonality for the creation of an
account. You agree to give these informations to Tonality in a valid
and complete way but also to update them accordingly , always in
respect of their integrality and validity. Tonality reserves the
right to close your account, and to block your access to the services
of the site if this information proves to be false, or incomplete.
You accept that Tonality will store and use your account data for the
invoicing to your credit card company and for the maintenance of your
account.
Safety of the user account
You are formally responsible for the
confidentiality and the secured access to your account. You agree to
immediately inform Tonality during a not-wished use of your user
account. Tonality cannot be held responsible for any loss due to the
unauthorized use of your data or your user account information, and
you guarantee to clear Tonality, its associates, parents, agents,
subsidiary companies and other speakers for the same not-wished use.
You cannot reach the site of Tonality in an unauthorized way; if you
try to act wrongfully, helping whoever might want to commit acts of
mischief against Tonality and use diverted means (physical or
virtual) to get there, Tonality will terminate your account.
Consent for email correspondance
By establishing a
Tonality Account, and each time you make a purchase through our Site,
you grant permission for Tonality to contact you at your e-mail
address.
Objectionable
Material.
When using the service,
you understand that you might 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
Service at your own risk and Tonality shall have no liability to you
for content that may be found objectionable, indecent, or offensive.
RULES OF WEBSITE USAGE, FOR SERVICES AND CONTENT
All rights not
expressly granted to you in this Agreement are reserved to Tonality
and/or its licensors
1.Contents
Any music, whether it is downloaded or listened to
as a sample, any element graphic or video, photography, animation, or
any other element that comes from the site "tonality.ca",
including (or not) the graphic layout and the organization of content
elements is the property of Tonality or under licence. Each element
of content is also covered by laws protecting the intellectual
property. Without a written agreement from Tonality, except for what
could be written in this agreement, no content from the tonality
website could be transmitted or translated, posted publicly, loaded,
published, recorded, be retransmitted, rented, sold, distributed,
digitized, be marketed, reproduced, deteriorated to make a new work
out of it, performed, or be put in compilation and stored on any
computer, website or another means with a marketing objective.
CONTENT USAGE RULES
TONALITY RESERVES THE RIGHT TO
ENFORCE THE CONTENT USE RULES WITH OR WITHOUT NOTICE TO YOU. Your
access to and/or use of any content element (as previously specified)
will be limited by the corresponding rules by Tonality ("Content
Usage Rules") and described in this section. 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 Service or any of the Usage Rules.
2. By Definition
A) Sample: a sample is a short audio
or video extract available in "streaming” mode which is
free on the site for listening, enabling you to discover and
appreciate the creativity of the represented artists, without the
need to open a client’s account. You can play the sample as
many times as you like and you have a free access to all the samples
available at the moment you are on line. You are not authorized to
try or encourage the downloading, the copying or the illegitimate
grabbing of elements featured in sample streams.
B) Download : A download is a bought digital
content item that can be of audio, video, graphical or literal
nature. Therefore, you can :
transfer it to portable readers or storage
drives
record it to your hard drive and consult it
as you wish
burn it on CD or DVD.
Tonality is not responsible for lost, damaged or
destructed downloads . Any security technology
that is provided with a Download is an inseparable part of that
Download. The Download capability does not operate to limit any
rights of the copyright owners in Tracks or Material or any works
embodied in them.
You shall be authorized to use the
Downloads only for noncommercial, personal use. The Downloads are
strictly limited to your personal use and any use or sharing outside
the doctrine of Fair Use, as provided in the Canadian Copyright Code,
is in violation of Copyright and Intellectual Property laws.
3. Prohibited
Uses of Digital Downloads.
You may not
reverse engineer, decompile, disassemble, modify or disable any copy
protection or use limitation systems associated with the Downloads.
You may not play and then redigitize any Downloads. You may not
create any "derivative works" by altering any of the
Content. You may not use the 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 attempts to share or transfer
downloaded files is strictly prohibited.
4.Loss of rights
At any given moment, Tonality can
lose the right to make certain content elements available (whether
they be in audio, video, graphic, textual or mix-media format). In
this case, it won’t be possible anymore for you to have access
to these elements on the website of Tonality.
5. Billing
Agreement to Pay. You
agree to pay for all Products that you purchase through the online
Service of Tonality. You therefore accept that Tonality may charge
your credit card for any Products purchased, and for any additional
amounts (including any taxes and late fees, as applicable) as may be
accrued by or in connection with your Account. You hereby agree to
authorize Tonality to charge your credit card for the above mentioned
at Tonality’s convenience, but within (30) days of credit card
authorization. YOU ARE RESPONSIBLE FOR PROVIDING TONALITY WITH A
VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its
discretion, TONALITY may post charges individually or aggregate your
charges with other purchases you make on the service. If any of your
billing information changes, you are responsible for updating the
information in the applicable section of your "Member Account."
You are responsible for any charges on your account that are incurred
by any person through your account, and you are solely responsible
for keeping your account secure and confidential.
6. Target Customers
The sale of the
products of Tonality is intended for entertaining ends by users of
the service. It is not intended to tradesmen, stock purchase,
retailers and exporters, or any other company wishing to resell
contents. Thus, Tonality reserves the right to refuse to any user
the right of access to its services or the purchase of products, for
any reason.
7.Pricing policy and
Product availability
The availability and
the price of the products are prone to all modifications carried out
by Tonality and this, at any time. Tonality does not guarantee the
fixity of the prices and cannot carry out refunding in the
possibility of a subsequent fall of price. Any Downloading of an
item is considered as a sale the same way and prone to the terms and
conditions stated in this agreement. Any downloading is also
regarded as an independent monetary transaction, and any reception of
contents will consequently constitute as a sale in its own right;
however, it does not matter if the totality of the selected items
were not entirely received, by cause of technical defect, for
example.
8. Refunding
No possible refunding. Any sale is
irreversible and each paid amount is nonrefundable.
9. Responsibility for
typographical errors
Because of the great quantity for
available titles and the speed to which the catalogue of
"tonality.ca" increases, it is possible that the price of
one item or service is incorrect. In that case, Tonality holds the
right to refuse the ordering of an item or service whose price would
not be exact.
10. Taxes
You are responsible for
paying any governmental taxes imposed on your purchases, including,
but not limited to, sales, use or value-added taxes.
11.Order
Acceptance Policy.
Your receipt of an
electronic or other form of confirmation does not (1) constitute
Tonality's offer to sell and (2) convey Tonality’s acceptance
of your order. Tonality reserves the right, at its discretion, and
without prior notice to you, and for any reason, to decline your
request for Product(s), or supply less than the quantity you ordered
following receipt of your order. Your order is deemed accepted upon
delivery of Products (i.e. completion of a Digital Download as
indicated by our servers).
12.Methods of
Payment and Credit Card Terms.
Tonality does not
currently accept cash, money orders, checks, or any other form of
payment besides Visa , Master Card, American Express and Discover
credit cards. Tonality reserves the right to change this policy at
any time. You agree to pay all fees and charges associated with your
purchase(s), (including any applicable taxes), at the rates in effect
when the charges were incurred. You, not Tonality, 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, not this Agreement, to determine your rights and
liabilities as a cardholder. Obligation to pay for Products or
Digital Download orders previously accepted by Tonality will survive
your termination of the Terms and Conditions of Usage.
13.Approval of
the licence of agreement
Your use of Tonality’s
services (for the purchase of products) requests you to validate a
contract of use. During the acceptance of this agreement, you agree
to be related to the conditions of use and to pay for all the bought
products. This acceptance of policy of use binds you to the methods
of information of the electronic trade, such as: policies of use,
cancellation or modification of statements, contracts of agreement
and the applications being attached to them.
14.Royalties
Each item published and
distributed by Tonality on the website "tonality.ca" is
protected by laws on royalties and intellectual properties. Any
exemption from the code, under the terms of these laws, is passible
for lawsuits. Tonality is committed to act in a transparent way to
the artist regarding the money intake and the sales of products,
according to details fixed in the agreements signed by both parties.
WEB
SECURITY PROTOCOLS
15. SSL and encoding
Tonality.ca uses the SSL technology or "Secure Sockets
Layers", a standard of the Web industry for safety protocols.
When you click on the link "go to the cashier" you connect
yourselves with our secured server. The SSL technology sends
information to your Web navigator who crypts your order,
automatically transforming any information contained in your order;
this one thus becoming extremely difficult to decode for external
parties.
16.important
Emails are not a secured way to send
information to us, because they are not crypted. For example, never
send to us the details of your credit card by email. We strongly
encourage you to use our secured ordering device instead.
17.Credit Card
On tonality.ca, as mentionned before, you can use your Visa,
MasterCard, American Express or Discover credit Cards. In the case of
a fraud, financial institutions will cover the cost of your bill
without your authorization, with a possible 50$ that you will have to
pay for the operation. It is recommended that your check out with
your institution what are the risks and costs of a situation like
this.
18.Personal information
We guarantee you that we will not reveal any confidential
information about transaction made and the personal account of the
customer. Moreover, we guarantee you that Tonality will not lend or
rent your coordinates to affiliates if you did not give Tonality the
authorization by notching the checkbox "I do not authorize
Tonality to communicate my co-ordinates with third parties". In
the contrary case, if you did not notch the box "I do not
authorize Tonality to communicate my coordinates with third parties,
Tonality will be able to use them within the context of an exchanges
of files. However, even if you did not notch the box, you can
withdraw at any time to Tonality the authorization to use your
co-ordinates for the same purpose by writing to Tonality with an
email at info@tonality.ca
Or by mail at Tonality Distribution
Inc.
3643 Boul. St-Laurent, Office 3-D
Montreal, QC H2X 2V5
19.Option of withdrawal
Sometimes we’ll be approached by companies
and organizations producing a product (content) or a service
corresponding to your interests. We see that as an added value for
you and an additional source of income for us. If, for example, we
send you a personalized email, we could insert a message or a banner
announcing a concert, an exhibit or an event which could correspond
to your interests. It will be a form of publicity that also makes it
possible to include information about Tonality activities and news,
for example the most downloaded files, the choice of the team, the
innovations, etc. You‘ll be constantly able to withdraw from
these personalized services if you do not want to be receiving this
type of emails any more. The opposite will be an option at any given
moment.
20.Witnesses (Cookies)
We use witnesses (a small text file stored on your
computer by your Web navigator, so that you can easily open up and
close a session on "tonality.ca", like being able to keep
up to date the details of your basket of purchase and your research.
The witness (cookie) which we divide with your computer is anonymous.
It does not reveal your identity and does not follow you through
your navigation on the Web; It neither collects protected
information. This witness answers to the data of your opening of
your user session and allows our server to adequately provide you
the personal information attached to your account.
21.Links towards other sites
Tonality Distribution Inc provides the independent artists and
labels the possibility of putting links on its website; those are not
controlled by Tonality Distribution Inc. From time to time, you will
also find on the site links coming from show promoters, music
festivals and other companies or organizations that are relevant for
the site and its customers. Tonality Distribution Inc is not
responsible for the contents provided by these websites nor for their
policy for safety and confidentiality.
22. Changes to this policy
Tonality’s policy for security and confidentiality can be
changed at any moment without prior notice.
23. Legal Authorities
Tonality Distribution Inc. might give every information requested
by government officials and to any legal authority, if need may be.
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