The Ontario Independent Music Archive
Terms of Use
1. Introduction
a. Please read the following Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) carefully. By accessing or using any of the pages or content located on www.oima.ca and www.amio.ca (the “Site”), you (“you” or “User”) indicate that you understand and agree to the Terms of Use.
b. The Terms of Use include all other Site policies, such as the Privacy Policy, which may be found on separate pages on the Site. A list of links to our Site policies can be found here (link to policy page). By agreeing to the Terms of Use, you indicate that you understand and agree to all Site policies.
2. About the Site.
a. The Ontario Independent Music Archive (the “the Archive,” “OIMA,” “we,” “us,” or “our”) is an online library of audio and video content that the public, including music fans, webcasters, and podcasters, may listen to, download, or stream for free, subject to the Terms of Use and other license terms that may apply to individual works. The Ontario Independent Music Archive is a project of the National Campus and Community Radio Association (“NCRA”) and the Music Association of Canada (“MAC”). The OIMA website includes content from various curators involved in the independent music scene in Ontario including campus and community radio stations, organizations and individuals.
b. Content on the Site (“Content”) includes, but is not limited to, written comments, descriptions, reviews, ratings, audio and/or video files, images, scripts, and designs. Content includes, but is not limited to, User Commentary and Site Content (as those terms are defined below) and Curator Content.
c. Users include, but are not limited to, persons who visit the Site or access it’s Content in any manner; persons who contribute, post, and/or upload Content of any kind to the Site; and persons who maintain, moderate, or edit Content.
3. Permitted Use.
You may only access or use the Site for one or more of the following categories of use, and only in accordance with the Terms of Use:
a. You may use the Site to listen to, download, and search for audio and/or video files hosted on the Site. You may incorporate some of the audio and/or video files into podcasts, webcasts, and other multimedia works, subject to the specific licensing terms that govern each audio and/or video file.
b. As a registered listener (a “Listener”) or other pre-authorized user, you may post comments, ratings, descriptions, images, audio and/or video (collectively, “User Commentary”) to be hosted on the Site.
c. As a pre-authorized curator (“Curator”) or a pre-authorized contributor (“Contributor”), you may upload or delete content such as audio and/or video files, written descriptions, and images of album covers, to or from your portal on the Site. We choose to authorize Curators and Contributors at our sole discretion.
d. As a pre-authorized contributing artist (“Artist”), you may upload to the Site any audio and/or video files in which you own all necessary rights required for the Site to make the files publicly available for download and/or streaming (depending on the work, these requisite rights may include, but are not necessarily limited to, copyright and neighbouring rights in sound recordings, musical compositions, performances, and images and video embodied in such audio and/or video files).
4. Eligibility.
To use the Ontario Independent Music Archive, you must be of majority or legal age to form legally binding contracts in your jurisdiction, or have legal parental or guardian consent to enter into, agree to, and abide by these Terms of Use.
5. Accounts, Passwords, and Security.
a. You may register for an account on our Site provided that you are eligible to use the Site and provided that you agree to the Terms of Use.
b. You are responsible for maintaining the security of your password and account. You are responsible for all activities that occur under your account. The Ontario Independent Music Archive is not responsible for any harms arising out of the unauthorized or improper use of your account or password.
c. You may not access or use any account other than your own.
d. The Ontario Independent Music Archive reserves the right to restrict or delete your account, or restrict your access to the Site, at our sole discretion and without notice or liability.
6. Restrictions on Use.
The Ontario Independent Music Archive strives to be a clean, safe, friendly, and legal site. In visiting, accessing, or using the Site, you agree to abide by the following rules of conduct:
a. You will not falsely assume the identities of other Users on the Site (which includes Listeners, Contributors, Curators and Artists), nor any rights-holders (such as artists or composers).
b. You will not harass, threaten, or defraud other Users or rights-holders online or offline. You will not transmit content that is illegal, defamatory, libelous, obscene, pornographic, threatening, invasive of privacy, injurious, or that may otherwise infringe on the ability of other Users to enjoy the Site. You will not post inflammatory content with the intention of provoking other Users.
c. You will not post spam, junk mail, or chain letters on the Site. You will not post advertisements on the comment boards of other Users’ profiles.
d. You will not provide direct links (deep links) on other websites to specific audio and/or video files (such as mp3 files) that are hosted on the Ontario Independent Music Archive.
e. You will not attack the Site with automated requests or attempt to data mine the Site. You will not attempt to gain unauthorized access to the Site or other User accounts by hacking, password mining, or other means. You will not attempt to compromise the Site’s integrity in any way.
f. Any content that you upload or contribute to the Site and any behavior in relation to the Site shall not compromise the security or functionality of the Site or of other computers. You will not post malicious files or files that will install any software or scripts on a User’s computer without the User’s consent and full knowledge.
g. You will not use the Site or Content hosted on the Site in any way that violates the Terms of Use.
7. Inappropriate Content
The Ontario Independent Music Archive encourages all Users to be courteous and respectful in their communications on the Site. Still, Content found on the Site may represent a wide range of views and may be inaccurate, offensive, or inappropriate to different people. The Ontario Independent Music Archive neither endorses nor takes responsibility for content generated by Users. The Ontario Independent Music Archive will not be liable for monitoring such content.
8. Music Content.
a. All audio and video files specifically made available by Contributors, Curators and/or Artists for downloading or streaming as part of the Ontario Independent Music Archive (“Music Content”) are subject to one of the following license categories: (1) Creative Commons; (2) Public Domain (Canada); or (3) a customized license. The particular license applicable to each file is displayed on the file’s song page. You must follow the links from each song page to make sure that you understand and comply with the license provisions for each file that you download or stream. These licenses apply in addition to the Terms of Use.
b. Unless we clearly indicate that an audio or video file is made available under one the license categories described in (a), or that an audio or video file is licensed for use as User Commentary per the terms below, we do not grant you any permission, license, or authorization to access, download or stream the file.
9. User Commentary
a. You agree that your avatar and User name may be displayed next to any User Commentary that you post (“Your User Commentary”).
b. You grant a license to the Ontario Independent Music Archive and all Users of the Site to access, quote, communicate or reproduce Your User Commentary (except any Music Content which comes under one of the licenses described in Section 8). You further license all such User Commentary under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License, unless you explicitly and prominently note otherwise.
c. You agree and warrant that you own or control all necessary rights to grant the license described in (b) and that you are not infringing other people’s rights by posting Your User Commentary on the Site.
d. You agree that all of Your User Commentary shall be non-confidential.
e. The Ontario Independent Music Archive, as well as moderators it authorizes, may delete, disable or remove any User Commentary or other Content at their sole discretion, without notice or liability. Users may flag any or all comments that they consider inappropriate and the Ontario Independent Music Archive may, but is not obligated to, remove such comments.
f. The Ontario Independent Music Archive may display summaries of User Commentary (“Summaries”), including Users' ratings of songs and albums, their favourites, and tracks that they have listened to.
g. User Commentary and Summaries are viewable by the public and may remain available to the public for an indefinite period of time, at the discretion of the relevant Curator, Artist, or the Ontario Independent Music Archive.
10. Site Content
a. Site Content (“Site Content”) refers to any text, images, trade-marks, service marks, logos, graphics, page layouts, or other material or content that is created, uploaded, owned, or maintained directly by the owners or administrators of the Ontario Independent Music Archive. Site Content includes, but is not limited to “Ontario Independent Music Archive,” www.oima.ca, www.amio.ca and other service marks, logos, and graphics representing the Site. Site Content includes, but is not necessarily limited to, all content on the Site that is not User Commentary or Music Content.
11. b. All Site Content is the property of the Ontario Independent Music Archive and is protected by copyright, trade-mark, and other intellectual property laws.
c. Unless otherwise noted on the Site or in the Terms of Use, all copyright in Site Content is licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license.
c. Links to the Site. You may create a hyperlink to the Site as long as the link does not portray the Ontario Independent Music Archive and its affiliates in a false, misleading, or offensive manner.
d. Links to Independent Websites. The Ontario Independent Music Archive pages may display links to independent, third-party websites (“Third Party Sites”). Such links are provided for your convenience only. We neither control nor endorse Third Party Sites. You agree that we are not responsible for the content of Third Party Sites, or for any harm that arises from or relates to Third Party Sites.
12. Intellectual Property.
a. Copyright. You agree to comply with Canadian copyright laws as well as the laws of your jurisdiction.
b. Trademarks. All trademarks, logos, or other proprietary information (including images, text, and page layouts) displayed on the Site are protected by Canadian trademark law. You will not frame or use any trademarks, logos, or other proprietary information of rights-holders in any way without their express written consent. You are granted no right or license with respect to these trademarks. Use of such trademarks in any manner that is likely to cause confusion or that disparages or discredits the trademark owner is strictly prohibited.
13. Limitation of Liabilities.
a. To the full extent permissible by applicable law, you expressly understand and agree that in no event will the Ontario Independent Music Archive, its affiliates, directors, agents, and successors be liable to you for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profit, loss of income, loss of business opportunities, loss of goodwill or reputation, or loss of data, regardless of the nature of the claim or the form of action, arising from the Site or Content and services on the Site, whether or not we had any knowledge, actual or constructive, that such damages might be incurred.
b. For clarity, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence or under any other cause of action.
14. Disclaimer of Warranties.
You expressly understand and agree that the Ontario Independent Music Archive and any materials and content on the Site are provided on an “as is” and “as available” basis, and your use of the Site is at your sole risk. The Ontario Independent Music Archive makes no representations or warranties of any kind, express or implied, as to the Site’s operation or the information, content, or materials included on this Site. To the fullest extent permissible by applicable law, the Ontario Independent Music Archive disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability and fitness for any particular purpose, expectation of privacy, or non-infringement. Without limitation, we disclaim any and all warranties regarding the security, reliability, accuracy, timeliness, and performance of the Site, its services, and its functions, as well as any of content and information accessed from the site.
15. Indemnification.
You expressly understand and agree to indemnify, defend, save, and hold harmless the National Campus and Community Radio Association, the Music Association of Canada, the Ontario Independent Music Archive, Users of the OIMA, and their respective directors, agents, and successors, from and against any and all liabilities, including but not limited to all costs, expenses, and damages arising out of any breach or alleged breach by you of any of the provisions in the Terms of Use, including but not limited to any claim made by any third-party.
16. Choice of Law and Forum
This Agreement is governed by and construed according to the laws of the Province of Ontario and Canada, without regard to the rules of conflict of law that may otherwise cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and forum of the federal or provincial courts of the Province of Ontario in the event of any claims, actions, or disputes arising from or relating to the Ontario Independent Music Archive, or your use or review of it.
17. Entire Agreement.
This Agreement is the entire agreement between parties with respect to the subject matter hereof and replaces all prior or contemporaneous understandings or agreements regarding such subject matter.
18. Severability.
If any part of the Terms is found unenforceable, the rest of the Terms shall remain enforceable to the maximum extent of the law.
19. No Waiver.
Failure of the Ontario Independent Music Archive to pursue a violation of a specific provision of the Terms does not imply a waiver of our right to pursue and act on violations of the Terms.
20. Modifications.
The Ontario Independent Music Archive reserves the right to change the Terms of Use at any time, at its sole discretion. You are responsible for regularly reviewing the terms. Your continued use of the Site constitutes your agreement to all such terms and changes.
