Terms and Conditions
Please scroll to read terms and check the Accept Terms Box below.
For the purposes of identification, any reference to Rmusic and/or Rmusic.com shall include 2176764 Ontario Inc., operating under the name Rmusic, and any affiliates and/or partners associated with the Rmusic website. The ‘Customer’ is the individual, group or entity whose name and email address and /or street address have been submitted to the Rmusic site, and the ‘Musician’ is the individual, group or entity representing the musician’s interests, as submitted by name, email address, and street address, to the Rmusic site. The ‘Customer’ and ‘Musician’, and any and all visitors to the site, may hereafter be referred to as ‘users of the site’, or ‘site user’, or ‘user’.
The following terms apply to all users of the Rmusic.com web site.
It is fully understood and agreed:
That if any visitors to the site, or any site users find any aspect of the Rmusic site to be disagreeable in any regard, then the above mentioned people should leave the site, and
- A) That all music customers have accepted all of the terms and conditions contained in the customer agreement prior to downloading any content from the site, as follows:
Rmusic Customer Agreement
For the purposes of this agreement, any reference to Rmusic shall also include all individuals, companies, and / or affiliates associated with this site
I/we agree to access the Rmusic site only for the purposes of downloading songs, lyrics and photos in consideration of the fees set out herein as amended from time to time. I/we also warrant that I/we am/are the subscriber(s) to the email address and/or street address as submitted to Rmusic.
2. Illegal use:
I/we agree not to duplicate downloaded material, or otherwise copy or forward any downloaded material for any use other than personal enjoyment. I shall not acquire or attempt to acquire any monetary gain from, make any illegal or fraudulent use of, pirate, infringe copyright and/or other rights in, or engage in immoral or unethical practices in connection with any downloaded material, or any use of the Rmusic site.
3. Right to cancel:
Rmusic reserves the right to cancel this agreement at any time in its sole discretion.
I/we give permission to Rmusic to charge to my/our Visa card or Mastercard, through a service plan arrangement with PayPal, the sum of $0.98 CAD, (plus applicable taxes for Canadian residents), for each song or musical selection downloaded (single song rate), and I/we further agree that Rmusic may alter this fee upon providing to me/us, by email, 30 days notice of any fee changes which may affect my account.
5. Charitable donations:
I/we acknowledge that Rmusic will be contributing 5¢ from each music download, including mine/ours, to charitable organizations. I accept that Rmusic will be engaging ‘Canada Helps’ (CanadaHelps.org) to administer these funds in accordance with Rmusic’s direction, which in turn shall as accurately as possible be based on the preferences expressed by users of the Rmusic site. Rmusic will be supplying a list of charitable organizations from which the consumer may allocate his/her/their choice. This list of charities is not exhaustive, and is subject to change, and is not intended to be discriminatory towards other well-meaning organizations. The consumer has the option of not supplying instruction for allocation of funds to a particular charity, in which case the default position of Rmusic will be to donate to World Vision Canada. I/we shall not in any way seek recourse for these contributions, and I/we acknowledge that there will be no tax receipts or other consideration for the above. I/we hereby release Rmusic from any obligation to report to me/us further on this matter.
I/we hereby release and forever discharge Rmusic from and against any and all liability whatsoever, however caused, for the quality and/or content of any downloads, or for any loss, including damage to my/our computer hardware and/or software, or for the content or nature of any material, either existing or made available through this site, by any source, at any time, and I/we shall take no action whatsoever, legal or otherwise, that may cause Rmusic monetary losses, damages, or defamation of reputation.
- That adherence to all of the terms above, and of the terms to follow, constitute an agreement, and are a condition of usage of the Rmusic site by all users of the site.
- That all minimum age requirements must be met by users of the site in accordance with the laws in force in the jurisdiction of the user’s place of residence, as referred to and/or submitted to the Rmusic site.
- That there are no warranties, expressed or implied, by Rmusic, as to the quality, content, or suitability for any purpose whatsoever or legality of any materials either uploaded to, or downloaded from the site, such factors being contingent entirely upon the quality and content of material uploaded to the site by the musician, and upon the laws governing downloaded materials in the jurisdiction of the customer.
- That there exists a moral and ethical duty by all users of the site to report in strict confidence any instances of fraud, abusive, immoral, or illegal content, or spam, to Rmusic, as provided for by the ‘report abuse’ buttons situated on each relevant page, and that Rmusic is bound by any existing and/or future laws of the Province of Ontario, and the federal laws of Canada, including those that may require Rmusic to provide so-called “notice and notice.”
- That Rmusic may, in its sole discretion, terminate a user’s account, and similarily, that the user of the site may cancel their account with Rmusic at any time.
- That Rmusic, in its sole discretion, may alter, delete, or add to the features and/or services provided for on the site, and may also alter the fee structure and charges intrinsic to the site upon providing 30 days notice, by email, to the address of the users of the site as submitted to Rmusic.
- That any and all musicians using the site are operating strictly as independent contractors, and are not employees of Rmusic in any manner, nor is there any partnership arrangement of any manner between Rmusic and the musician(s),and as such, any and all musicians are responsible for reporting any and all of their own income and /or expenses connected with their use of the site to their appropriate governing bodies in the user’s jurisdiction as necessary.
- That if any agreement(s) exist between a user of the site and another person, company, representative or entity of any nature, that may conflict with the agreement in place between that user and Rmusic, then any dispute that may arise as a result of such conflict shall be resolved solely at the expense of the user, and such user hereby holds harmless and indemnifies Rmusic from and against any and all liability in this regard.
- That all financial transactions conducted in connection with the site will be processed by PayPal, and there exists a separate financial agreement strictly between each individual user of the site and PayPal, and that Rmusic will exercise due diligence to properly put into place a liaison/link between PayPal and all site users, to facilitate the arrangements for collection and/or distribution of funds as per the customer and musician agreements, but shall otherwise not be responsible in any manner for any term, condition, benefit, obligation or liability in connection with user-PayPal agreements.
- That all reasonable efforts have been made by Rmusic to conform to the legal standards as required by Canadian laws, and, as such, should any breach of these laws occur as a result of negligence, misrepresentation, illegal gain, or deliberate or accidental contravention by any user(s) of the site, then any and all such user(s) of the site shall hereby hold harmless and indemnify Rmusic from and against any and all liability in this regard.
- That 2176764 Ontario Inc., operating under the name Rmusic, is the owner of the Rmusic site and the Rmusic trade-marks and names, excluding any material submitted and owned by the submitting user, and is protected under the Canadian Copyright Act and international treaties.
- That all users of the site have read and understood and agree to the arrangements put into place regarding funding to be forwarded to charitable organizations by Rmusic, as outlined in the customer and musician agreements.
- That there does not exist any contractual arrangement or fiduciary duty to promote site content and/or musician profiles, and, concurrently, that any material uploaded to the site may be used by Rmusic, without compensation or notification to the submitter of same, for Rmusic’s own promotional purposes, and there may be featured music on the site based on download sale statistics or other.
- That any and all information and or material or content submitted or uploaded to the site, shall remain the exclusive property of the submitting user, and that updating of relevant information is the sole responsibility of the submitting user, and that all information, material and content submitted to the site is warranted to be legal, non-infringing of third party rights, accurate and true, and is subject to verification and/or remedial action if necessary.
- That links provided on the Rmusic site are for interest only. Information and content contained on any linked sites is not reviewed regularily by Rmusic, and the terms and conditions, including privacy policies, of those linked sites, govern any site user’s use of those linked sites. Views expressed on any linked site are not necessarily those of Rmusic. No link is meant to communicate that there is a formal relationship of any nature or any endorsement as between Rmusic and the linked site.
- That if any content or feature available on, or available through the Rmusic site is found or perceived to be contra-indicative by any person or persons regarding any of the terms herein, or of any third party interest, then the sole responsibility of Rmusic, when informed of such matters, shall be limited to the discretionary decision by Rmusic to delete the content and/or account pertaining to the matter of contention.
- That any and all site visitors and site users, and by extension, any third party interest, shall forever hold harmless and indemnify Rmusic of any and all liability regarding any usage of the site, or its’ features, links, content, trademarks, copyrights, or for any of its user’s activities, both on-site or off-site, or for any matter which may impact on the Rmusic site, or on the Rmusic name’s reputation or standing, or on the financial wellbeing of the Ontario, Canada company operating under the name of Rmusic, on any level, at any time.