MEANDMIC.COM - WEB SITE LEGAL TERMS OF USE AND DISCLAIMER

YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING THE “I ACCEPT” CONTROL, IS THE EQUIVALENT OF YOUR SIGNATURE ON A NEGOTIATED AGREEMENT AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CANCEL THE REGISTRATION PROCESS OR CLOSE YOUR EXISTING ACCOUNT. YOU MUST ACCEPT THESE TERMS OF USE PRIOR TO CREATING AN ACCOUNT, UPLOADING OR DOWNLOADING INFORMATION FROM THE MEANDMIC.COM WEBSITE.

This Web Site Legal Terms of Use and Disclaimer (the “Agreement”) is an agreement between you (“You”) and GT Entertainment Ltd., including its affiliates, agents, licensors, suppliers, or their respective directors, officers or employees, (the “Company”). “We” and “Us” means both You and the Company. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.

You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, if to You or if to the Company and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.

These terms of use set out Your legal rights, remedies and obligations. These include limitations and exclusions.

1. AGREEMENT

This Agreement constitutes a binding contract between You and the Company (hereinafter also referred to as MEandMIC.com (the “Site”)) and governs Your use of the MEandMIC.com website (the “Service”). By creating an account and registering as a member You accept this Agreement and You represent that: (1) You have read and understood this entire Agreement and agree to be bound by its terms and (2) You are at least 18 years of age or between 13 and 18 years of age and have the approval of Your parent(s) or guardian(s) to create an account and You have gone through this entire Agreement with them.

You represent, warrant and covenant that You: (1) have the power and authority to entire into this Agreement, (2) shall not use any rights granted within the Agreement for any unlawful purpose; and (3) will only use the Site, Service and Content, as defined in paragraph 4, as permitted by the Agreement.

2. AMENDEMENT AND WAIVER

The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this web site. You are responsible for periodically reviewing the amendments on this web site and You are deemed to be aware of such amendments. In the event of any amendment, all other terms of the Agreement will remain in effect. If You do not agree to the amended terms and conditions, You shall immediately stop using this web site. Access to this web site or use of this web site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

It is Your responsibility to regularly check the Site to determine if there have been any changes to the Web Site Legal Terms of Use and Disclaimer and to read all such changes. We suggest You review the Web Site Legal Terms of Use and Disclaimer each time You access the website.

3. TERMINATION

The Company may terminate Your membership, deactivate or suspend Your account, or delete Your webpage and any content or information that You have posted on the Site or through the Service. We may prohibit You from using or accessing the Service or the Site for. We may do any of the above for any reason or no reason, at any time in our sole discretion, with or without notice.

This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

4. OWNERSHIP AND COPYRIGHT, TRADEMARK, PATENT AND INTELLECTUAL PROPERTY

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sounds and other files (the “Content”) are the proprietary property of the Company, its users or its licensors with all rights reserved. No Content may be modified, copied, distributed, framed, linked, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the written permission of the Company, unless in compliance with the Permitted Use in paragraph 5 or in compliance with any and all Software Licence Agreements posted on this website. The forgoing does not apply to any content You legally create and posted on the Site. Except for Your own Content, You may not upload or republish any Content accessed on The Company on the Internet, Intranet, Extranet or any database or compilation of any sort.

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names and all other Content contained on this web site including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be.

Unauthorized use may violate applicable laws, such as copyright, patent, trademark, and communications statutes and regulations. Access to and use of the Site does not confer any intellectual property rights, whether by estoppel, implication or otherwise.

For more information on software licensing, please read all of our Software Licence Agreements in their entirety. Our Software Licence Agreements form part of this Web Site Legal Terms Of Use And Disclaimer.

5. PERMITTED USE

The Company hereby grants to You a personal, non-transferable, non-exclusive and revocable license to access, read and download one copy of the Content. You agree to use the Content only for personal, non-commercial, lawful purposes.

As an account holder, You agree to use the website solely for the purpose of promoting Your artist venture and You agree to allow one copy of Your posted material to be accessed, read and downloaded by each user accessing Your webpage and materials.

6. RESTRICTIONS ON USE

The Terms of Use do not include the use of any data mining, robots, spiders, avatars, intelligent agents or similar data gathering or extraction methods, or the use of any device, software or routine to interfere with or attempt to interfere with the proper working of the site. Neither You nor any user of the Services or Site may take any action that imposes an unreasonable load on the Site’s infrastructure. Neither You nor any user may attempt to decipher, decompile, reverse engineer or disassemble any of the software or processes comprising or making up the Service or Site.

You agree that You will not:

1. distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or
2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

7. INFORMATION PROVIDED BY YOU

If You submit information to Your site, You agree not to use the Site:

1. to send, display, copy, read, store, receive, print, download, upload, distribute or disseminate illegal, profane, obscene, pornographic, violent, hate, fraudulent, discriminatory, harassing, embarrassing, humiliating, degrading, intimidating, threatening or defamatory material, or material that is protected by intellectual property laws or is in violation of any laws
2. for pyramid schemes, spam, chain mail, playing computer games, or gambling
3. to disseminate virus software or political material
4. to post or transmit a virus or other harmful component
5. to further any unlawful purpose
6. to infringe anyone’s copyright or intellectual property rights
7. to install, download, modify or copy unauthorized software or hardware, including screen savers and “freeware”
8. to contact other sites users through unsolicited e-mail, telephone calls or any other method of communication

You shall not:

1. engage in unauthorized interference, tampering, destruction, deletion, removal, concealment, copying or encryption
2. engage in unauthorized access, hacking, cracking, bugging or attempting to access systems, passwords, e-mail, voice mail, files or other data, whether internal to the Site, or external
3. disclose passwords or use others’ passwords.

If You become aware of another user violating the above uses, You agree to report their infringement of copyright or uses to Us using the Contact Us or Site Feedback links provided below.

8. LICENSE TO USE YOUR INFORMATION

With the exception of personal information, You hereby grant to the Company the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that You have the right to grant the license set out above.

9. PERSONAL INFORMATION – NO EXPECTATION OF PRIVACY

The Company may from time to time, but is not obligated to, monitor Your use of the web site and audit, intercept, review, screen, edit, delete, remove, collect, use, store and disclose any information or materials relating to users’ activities on or through the Site. Your use of the Site is not to be considered private, and You shall not send, store, collect or otherwise use any private or personal information on or through the Facilities.

In any event, You and each user consents to the Company monitoring, auditing, intercepting, reviewing, screening, editing, deleting, removing, collecting, using, storing and disclosing personal, proprietary or confidential information of You, the user, including without limitation e-mail messages, to determine and ensure compliance with this policy, to protect the Company, its customers, other users and third parties from fraudulent, unlawful or abusive use of the Site, or to comply with any legislation, regulation, or government, regulatory or investigative agency request. You have read this Policy and agree to comply with it in consideration of You being granted access to the Site. You understand that violation of this Policy may result in possible termination of Your user access rights.

YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED BY THE COMPANY BY USE OF THE SITE USER SETTINGS INTERFACE OR BY CONTACTING THE COMPANY PRIVACY OFFICER AT:

For more information on privacy, please read the Web Site Privacy Policy in its entirety. The Web Site Privacy Policy forms part of this Web Site Legal Terms Of Use And Disclaimer.

10. LIMITATIONS ON LIABILITY AND DISCLAIMERS

Information and materials posted to the Site are provided for general reference only. They are not warranted to be free from errors, other deficiencies or potential interruptions. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Your communications. The Company is not responsible for any technical malfunction of any kind due to the Internet, any website, telephone network, computer or similar device or combination thereof. The Company is not responsible for any loss or damage, including any loss or damage to any of Your user Content or third party applications, software or content posted on or through the Site or the Service or transmitted to users, or any emotional trauma that may result from the aforementioned or material found to be offensive by You posted on the Site. The Company is not responsible for any interactions between users of the Site or Service, whether online or offline.

THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDEN¬TIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

This web site and its Content are not to be construed as a form of promotion. This web site may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service.

The Company will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.

THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON.

THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMA¬TIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED INDUSTRY PROFESSIONAL TO MEET YOUR SPECIFIC NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEB SITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANT¬ABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL THE COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID FOR THE SERVICE.

THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTION¬ABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEB SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

11. INDEMNITY

You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of:

1. any information or other content You provide on or through this web site or which is posted, sent to the Company by e-mail or other correspondence; or
2. Your use or misuse of the Content or this web site, including without limitation infringement claims

12. GOVERNING LAW

The Company, this web site and the Content (excluding linked web sites or content) are physically located within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the British Columbia courts. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (British Columbia) as amended, replaced or re-enacted from time to time. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Company related to this web site, the Content, Merchandise Sales, customer or client postings or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Company or its licensors.

We have required that this Agreement and all documents relating thereto be drawn-up in English.

Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

13. INTERPRETATION

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.

14. ENTIRE AGREEMENT

This Agreement, as it may be amended from time to time in accordance with the provisions of this Agreement, and any and all other legal notices and policies on this web site constitute the entire agreement between You and the Company with respect to the use of this web site and the Content.

15. SEVERABILITY

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

16. ENUREMENT

This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

17. CONTACT INFORMATION

Should You have any questions or comments, please contact us at the following:

© GT Entertainment Ltd., 2008, Vancouver, BC Canada.

"MeAndMic"™, "GT Entertainment"™, "Genre Wheel"™ and "Promote, Deliver, Connect and Learn"™ are the trade-mark(s) of GT Entertainment Ltd.