The following terms and conditions constitute an agreement between you and Webmark Interactive, Inc. (“Webmark,” “we,” or “us”), the operator of MusicProfs.ca (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site, both as a casual visitor and as a registered user.

 

BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the province of Quebec any dispute that you may have with us, or the Site. Please note that we offer the Site “AS IS” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf.

 

WMI may, in its sole discretion, modify or revise these Terms of Use from time to time without notice and you agree to be bound by such modification or revisions. You should visit this page periodically to review these Terms of Use. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

 

1. Services

 

Everything we offer on the Site is referred to in these Terms of Use collectively as the “Services”. Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

 

Subject to use of the Site:

 

(a) parents, guardians, students, and/or teachers (collectively referred to as “Users“) are hereby permitted to access the Site for the limited purpose of reviewing certain information posted by and/or uploaded to the Site by persons seeking employment as providers of music education services, and/or for the limited purpose of sending and receiving communications from persons relating to such services;

 

(b) Teachers, educators, instructors, and music service providers collectively referred to as “Providers“) are hereby permitted access to the Site for the limited purpose of posting and/or uploading certain profile information related to employment as a provider of music education services, for the limited purpose of sending and receiving communications to and from a User relating to such services.

 

Save and except for the Services and as otherwise as set out herein no person may use or access the Site for any other purpose. The Site is an Internet job posting website and is not a referral services. WMI does not charge Users or Providers a fee or other compensation based on a User or Provider decision to, or not to, enter into an employment or independent contractor agreement. WMI is not a party to and shall not, in any way, be liable to a User, Provider or any other third person, arising, either directly or indirectly from such employment or independent contractor agreement.

 

Although WMI requires “verified” providers to provide an electronic image or a copy of their education claims, we can neither guarantee the authenticity of such documents nor ignore the possibility of misrepresentation.

 

WMI does not verify, review, evaluate, interview, screen, vet or perform background checks on Users or Providers or on any Content (as defined herein) posted to the Site by any person. There are risks, including but not limited to risk of physical harm of dealing with a User, Provider or any other person contacted through the Site.

 

You are strongly advised to perform your own investigation prior to selecting a music service provider by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular teacher or music provider by confirming with the school, the association, or the organization relative to the provider’s specialty.

 

Providers are also strongly advised to perform their own investigation prior to accepting and visiting a student.

 

You assume all risks associated with dealing with all persons with whom you come in contact through the Site.

 

2. Membership

 

An Account is required to access certain Information and the Services. To create an Account you must complete a membership registration form. You acknowledge and agree that WMI may, in its sole discretion refuse to establish an Account or cancel or suspend your Account if WMI reasonably believes that the Site or Services have been or may be misused by you or any third party who has obtained access to the Site or Services through your Account.

 

Upon acceptance of your membership registration form, you will receive a password and account designation from WMI. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name and password. You agree to immediately notify WMI of any unauthorized use of your user name and password or any other breach of security, and ensure that you exit from your account at the end of each session. You agree not to provide any other individual access to the Site via your login information.

 

You agree that WMI, in its sole discretion, may at any time terminate your password, Account (or any part thereof) or use of the Site or Services, and remove any Content from the Site, for any reason, including, without limitation, at the end of your subscription period or if WMI believes that you have violated or acted inconsistently with these Terms of Use.

 

Canadian Membership

 

In consideration for access to the Site and the Services, Users shall pay to WMI a subscription fee. Subscription fees will be taxed according to the appropriate provincial tax structure of the User, and will be added to the subscription fee structure below. The length of the subscription will be chosen by the User and will be one of the following options:

 

a) One year subscription fee of $37.

 

b) Three month subscription fee of $17.

 

c)Monthly subscriptions of $7.

 

When any subscription expires, the User can purchase another 1 year membership for $37, purchase a new 3-month membership for $17, switch to a monthly subscription for $7 per month or simply allow their membership to expire. Any subscription that expires will result in the User no longer being able to log in to their account or have full access to the information.

 

A User with monthly plan can cancel their subscription at any time. If a User cancels their subscription prior to their subscriptions expiration date, or on the expiration date, no further credit card charges will apply. If a User cancels their subscription and wish to rejoin to the Site and the Services, they may be required to pay the “activation fee” again.

 

WMI allows Providers to use the Site and the Services for free, unless they opt for a VIP membership.

No Refunds

 

 

WMI charges User for use of the Site and the Services. Membership sales are final; WMI does not offer any refunds. WMI will activate a User’s account and grant you full access to the database once payment is received. Paid memberships cannot be put on hold and banked for use at a later date.

 

3. Restrictions on Use of the Site

 

Except as otherwise set out herein, you agree not to use the Site for any commercial use, without the prior written authorization of WMI. Without limiting the generality of the forgoing, prohibited commercial uses include use of the Site and/or the Information for the primary purpose of gaining advertising or subscription revenue, the sale of advertising on any third party website, and/or use of the Site by any job posting company, music school, directory, or database without WMI’s express approval. Prohibited commercial uses do not include using certain Information expressly designated by WMI (“Designated Information“) in news releases or on third party websites provided that the primary purpose of using the Designated Information is not to gain advertising revenue or compete with WMI or any use that WMI expressly authorizes in writing.

 

You agree that you will comply with any request by WMI that you take down any Information or Designated Information you post on any website.

 

You acknowledge that if you are an employer, employee, agent or owner of a company or commercial enterprise that refers, brokers or introduces parents, or students to teachers and music service providers and register as either a User or as a Provider on the Site, your registration on the Site is contrary to these Terms of Use and may result in legal action.

 

4. Modifications to Service and/or Site

 

WMI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Services (or any part thereof) with or without notice. You agree that WMI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.

 

5. Indemnity

 

You agree to indemnify and hold harmless WMI, and its affiliates, and its and their officers, directors, agents, partners and employees from and against any and all claims, demands, liabilities, costs, expenses or damages whatsoever including without limitation legal fees and disbursements on a solicitor and own client basis, resulting directly or indirectly from:

 

(a) your access to or your use of this Site or the Services;

 

(b) your use of, reliance on, publication, communication or distribution of any Information; or

 

(c) your violation of any law or regulation.

 

 

6. Your Conduct and Content

 

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content“), whether publicly posted by you to the Site or privately transmitted by you through the Site, is the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, email, transmit or otherwise make available on or through the Site.

 

You may not use this Site in any manner to create, upload, post, or otherwise transmit any material or information which:

 

(a) is libelous, obscene, violent, scandalous, discriminatory or defamatory, including any discriminatory content based on gender, race, sexual orientation, religious affiliation, disability, ethnicity, or family status;

 

(b) contains viruses or other contaminating or destructive features,

 

(c) violates the personal, proprietary, or intellectual property rights of any third party, or

 

(d) in any other manner contravenes applicable statutes, laws, rules, orders, regulations, bylaws or other legal requirements.

 

Profile

 

You represent and warrant that:

 

(a) you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to agree to and accept these Terms of Use;

 

(b) all Content uploaded or posted will be true and accurate in all material respects; and

 

(c) you are legally entitled to work in Canada.

 

(d) your profile complies with our Profile Guidelines

 

We reserve the right to edit or remove any profile that doesn’t not comply with these terms and our Profile Guidelines at any time without notice.

 

PROVIDER INFORMATION: Teachers and provider information found on the Site is intended for general reference purposes only. Provider and other music service provider information found on the Site is both self-reported, by the Provider and/or school, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor WMI provides any advice or qualification certification about any particular teacher or Provider. You are encouraged to independently verify all information.

Links to Other Sites

The Site may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

 

Content/Reserved Rights

 

Copyright © 2012 Webmark Interactive Inc. All rights reserved. WMI either owns the intellectual property rights, including copyright, or has acquired the necessary permissions, in the information, including all text, HTML (hypertext marked-up language) code, multimedia clips, images, graphics, icons, Java code and the selection and arrangement of the content of the Site (collectively the “Information“). Unauthorized use by you of the Information may violate copyright, trademark, and other laws. MusicProfs.ca and the MusicProfs.ca logo and related names displayed on the Site are the trademarks, service marks or registered trademarks of WMI. Except as provided for under these Terms of Use, any reproduction of any of these marks without the express written consent of WMI is strictly prohibited. Except as expressly granted, nothing contained herein shall be construed as conferring any license or right to you under any intellectual or proprietary rights proprietary to WMI.

 

8. Disclaimer of Warranties

 

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.  WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. WMI DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

 

WMI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND CSI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

9. Limitation of Liability

 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

FURTHER, YOU AGREE THAT WMI WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR THE SERVICES AND THE INFORMATION PROVIDED (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, EQUITY, COMMON LAW OR OTHERWISE) EVEN IF WMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WMI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY, PROPERTY, BODILY, OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY INFORMATION, INCLUDING WITHOUT LIMITATION THE CONTENT.

 

10. Electronic Contracting and Notices

 

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

 

10. Privacy Policy

 

The Privacy Policy posted on the Site forms part of these Terms of Use. You agree to be bound by the Privacy Policy.

 

11. Entire Agreement

 

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of WMI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

12. General

 

These Terms of Use and the use of this Site shall be governed by the laws of Quebec, Canada. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of Quebec. WMI, the Site and its Services are located within the Province of Quebec, Canada. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WMI as a result of these Terms of Use or your use of this Site.