terms and conditions

• The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular, plural, possessive or otherwise:

• • Application means the software program provided by the Company downloaded by You on any electronic device, named Canadian Musical Theatre Database.
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded, if applicable.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Canada
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Canadian Musical Theatre Database, 24 N Village Way #2, Barrie, ON L4N 9A9.
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods refer to the items offered for sale as part of the Service.
  • In-app Purchase means the purchase of a product, item, service or Subscription made through the Application, all of which are subject to these Terms and Conditions and the Application Store's own terms and conditions.
  • Orders mean a request by You to purchase Goods from Us.
  • Service refers to the Application and the Website, through which a User may place an Order for Goods, purchase a Subscription, upload Content, provide Feedback, consume Third-party Social Media Services and perform other activities Company may make available from time to time.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Website refers to the Canadian Musical Theatre Database website, accessible at the URL https://www.cmtdb.ca.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

• By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

• You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

• The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

• You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

• The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

• Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

• Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

• The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

• You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

• We may permit You to submit content for purchase by other Users of the Service in the form of:

  • an arrangement of Your original composition (an “Original Arrangement”); or
  • Your arrangement of a copyrighted work (a “Copyrighted Arrangement”); or
  • Your arrangement of a pre-existing work that is in the public domain (a Public Domain Arrangement”);

  collectively “an Arrangement”, and which We may make available for purchase in PDF format.

• If You submit an Original Arrangement through the Service for purchase by other users, You represent and warrant that:

  • The Original Arrangement is, in its entirety, Your own, original work;
  • You have the right to submit such Original Arrangement to, and make such Original Arrangement available for purchase through the Service, without infringing the proprietary or intellectual property rights of any third party;
  • If you jointly own such Original Arrangement, You are solely responsible for obtaining all required permissions to submit the Original Arrangement to the Service, and for distributing any royalties or payments You receive from the Service to each joint owner of the Original Arrangement.

• If You submit a Copyrighted Arrangement through the Service for purchase by other users, you represent and warrant that:

  • Other than for the portion of the Copyrighted Arrangement that was derived from a copyrighted work or is subject to joint ownership, the Copyrighted Arrangement is Your own, original work and includes Your own creative elements which make Your Copyrighted Arrangement unique;
  • You acknowledge and agree that the copyright owners of the copyrighted work which forms the basis of Your Copyrighted Arrangement shall, exclusively and without limitation, own all right, title and interest in and to such Copyrighted Arrangement;

• If You submit a Public Domain Arrangement through the Service for purchase by other users, You represent and warrant that:

  • Other than for the portion of the Public Domain Arrangement that was derived from a pre-existing work in the public domain, the Public Domain Arrangement is Your own, original work and includes Your own creative elements which make Your Public Domain Arrangement unique;
  • The portion of the Public Domain Arrangement that represents a pre-existing work in the public domain was validly in the public domain and not subject to any third party ownership prior to your creation of the Public Domain Arrangement; and
  • You have the right to submit such Public Domain Arrangement to, and make such Public Domain Arrangement available for purchase through the Service, without infringing the proprietary or intellectual property rights of any third party.

• We reserve the right to remove an Arrangement for any or no reason, at Our sole and unfettered discretion.

• To the fullest extent permitted by law, We hereby disclaim any and all liability and shall not be held responsible for the infringement of any third party rights (including but not limited to intellectual property rights of any kind).

• Users of the Service may purchase an Arrangement through the Service. All listed prices are in Canadian dollars. You will be able supply the price on each Arrangement, contingent upon a minimum and maximum price amount set by Us at our sole discretion. As full and final consideration for the rights granted hereunder, We will pay You commissions based on the sale price, net of discounts, transaction fees and any applicable taxes (“Final Sale Price”), as follows:

  • Unless otherwise agreed, You will receive fifty percent (50%) of the Final Sale Price for Original Arrangements and Public Domain Arrangements;
  • Unless otherwise agreed, You will receive ten percent (10%) of the Final Sale Price for Copyrighted Arrangements; and
  • All commissions are subject to a five percent (5%) transaction fee and will be paid net of discounts, refunds or any amounts You may owe Us.

• We will calculate commissions on a quarterly basis, and will pay You on an approximately net 90 day basis.

• You agree and acknowledge that quarterly commission payments are subject to minimum payment thresholds and will accumulate until they meet the following payment thresholds:

  • $100 for international payments
  • $50 for domestic payments

• All commissions and any accompanying reporting will be deemed final and complete if You do not notify Us of any discrepancies within twelve (12) months of the date of issue.

• You are required to provide a mailing address with all submissions of Arrangements. Payments will be made by cheque and sent to the address we have on file.

• You are solely responsible for any income or other taxes that may be levied on any payments We make to You under these Terms and Conditions. We reserve the right to cancel any payments that may be due to You should You fail to provide us with the information We require to process such payments.

• You are also responsible for ensuring that We have Your current contact information at all times. If Your payments are returned or deemed non-deliverable over a six (6) month period, or We are consistently unable to contact You despite making reasonable attempts to do so, We may terminate Your account and retain any funds that remain in Your account with no further liability to You. Should We be required to terminate Your account under this Section 7.5(f), You agree and acknowledge that you forfeit any amounts You may have accrued in Your account as of the effective date of termination.

• If You wish to place an Order for Goods available through the Service, You may be asked to supply certain information relevant to You and Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

• You represent and warrant that: (i) You are over the age of 18; (ii) You have the legal right to use any credit or debit card(s) or other payment method(s) of Your choice in connection with any Order; and that (iii) the information You supply to us is true, correct and complete.

• By submitting Your information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

• We reserve the right to refuse or cancel Your Order at any time for any reason, including but not limited to:

  • Issues with the availability of Goods;
  • Errors in the description or prices for Goods;
  • Errors in Your Order.

• We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

• We are constantly updating Our offerings of Goods. The Goods available may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the Goods in Our advertising on Our Website and third party websites.

• We cannot and do not guarantee the accuracy or completeness of any information regarding the Service, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

• The Company reserves the right to revise its prices at any time prior to accepting an Order.

• Subsequent to accepting an Order, We may revise quoted prices in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order and receive a full refund if you elect not to proceed with Your purchase at the revised price/s.

• You are required to pay in full for Goods at the time of purchase. The Company uses Shopify to facilitate the sale of Goods. You may complete your payment using payment methods available through Shopify.

• Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

• We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

• If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@cmtdb.ca and include in Your notice a detailed description of the alleged infringement.

• You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.