Terms of Use

Acceptance of Terms Through Use
By using POP! Magazine’s web site (the "Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use") and the Privacy Policy Statement (“Privacy Policy”). This Site is for information purposes only and the Terms of Use and Privacy Policy relate specifically to this Site only and do not apply to websites operated by subsidiary and holding companies of PATON MARKETING RESOURCES, INC. (“PATON”), which have their own terms of use and privacy policies. Please read the respective sites’ terms and policies when accessing those sites. We reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Use, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms and Conditions and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms and Conditions. If you do not agree to the terms of this or any revised policy, please exit the Site immediately.


Links to Third Party Sites & Services
PATON's site contains links to and from sites operated by third parties. PATON makes no representations whatsoever about any third party content that you may access from the Site or about any web site from which you may access the Site and/or which may be linked to this Site. We provide third party content and links only as a courtesy to our users, and such links / content do not imply our endorsement of any linked site / content. The linked sites / content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review the streaming provider’s and the linked site’s use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site.


Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by PATON or our licensors or PATON has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, PATON. The use or misuse of any of these materials is strictly prohibited. PATON, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.


Lawful Use
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in par or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, without PATON’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying PATON will not be permitted.


DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. PATON DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. PATON, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.


Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PATON, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM 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, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Indemnification
You agree to defend, indemnify, and hold PATON including its employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.


International Use
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. PATON makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.


Security Precautions
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. PATON provides information regarding security and privacy in our Privacy Policy. This document is provided as a guideline only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.


Choice of Law
This Agreement shall be construed in accordance with the laws of the Province of Ontario, and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.


Integration and Severability
This Terms of Use and our Privacy Policy constitute the entire agreement between PATON and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.


Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. PATON reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.


Privacy and Disclosure
You have read and accept the terms of our Privacy Policy.

Privacy Policy

General
PATON respects your privacy and believes the best way to serve you on the Internet is with honesty, accountability and adherence to legal standards. We are sensitive to the issue of privacy and have structured our online activities to maximize your control over the disclosure of your own personally identifiable information. This Site is for information purposes only and the Terms of Use and Privacy Policy relate specifically to this Site and do not apply to websites operated by subsidiary and holding companies of PATON, or other third parties, which have their own terms of use and privacy policies. Please read the respective sites’ terms and policies when accessing those sites. This Privacy Policy Statement supplements our general Terms of Use, which you must also read. By using our Web site (the "Site"), you agree to be bound by the terms of this Privacy Policy and by the Terms of Use. We may change this Privacy Policy at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, you should check the terms and conditions of this Privacy Policy from time to time to keep informed of such amendments, and, if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

What Information is collected?
PATON may collect two types of information: personally identifiable information and aggregated non-personally identifiable information. Personally Identifiable Information will include information such as your name, user name, address, postal code, telephone number, e-mail address, age, preferences and opinions. PATON does not collect personally identifiable information about an individual except when individuals provide such specific information on a voluntary basis. Aggregated information will include information that is anonymous such as the type of browser you are using or other such non-personally identifiable information.

Why is the Information Collected?
PATON may collect your personal information in order to enable PATON to make general improvements to the Site, ensure that content standards of the Site are rigorously upheld, enable us to contact you and better serve your specific interests. We may also request you to voluntarily provide personal information that is not required to access features of our Site. PATON may transparently collect non-personally identifiable aggregate information through the use of cookies or by other means. We use this information to assess general usage patterns, including identifying repeat users, collect demographic information, administer and make improvements to the Site to tailor our visitor’s experiences at the Site and display content according to their preferences so as to make it more useful to you and other users. PATON, our subsidiary and holding companies and such other third party as we may designate reserve the right to use, maintain, update, disclose and/or sell Aggregate Information to third parties.

What We Will and Will Not Do With the Information You Provide
PATON uses information generally to compile statistical data, keep in contact with users, improve the content of our Site and provide them with a better interactive experience. PATON may use your information specifically for the following purposes: (i) to notify visitors about updates to our Site; (ii) to identify our visitors’ preferences; (iii) to keep you informed about product and services (both ours and third parties’) in which you have expressed an interest; (iv) to complete business transactions; (v) to contact you as part of a promotion; (vi) to meet legal requirements; (vii) to provide Internet security; and/or (xiv) to analyze the collected information. If you have entered and won one of PATON’s contests, PATON and / or its sponsors may publish your name and city of residence.

In the event that we sell a substantial portion of our business assets, our customer information may be among the transferred assets. In such event, the purchaser will inherit the confidentiality obligations posted herein.

PATON works closely with a number of parties who may perform functions on our behalf, including fulfilling orders, providing music streaming services or other third party content, providing promotional materials to our users, sending e-mail, managing, compiling and processing data, processing credit card payments or providing customer service. We do not disclose your personally identifiable information to these parties except to the extent necessary to enable them to provide the specific services to you.

Other than for the specific purposes set forth in this Privacy Policy Statement, we will not disclose your personal information to any third parties unless we obtain your prior consent or are legally compelled to do so. In addition, we will not contact you without your permission except as specified above or in connection with the registration process. On the Site, you will be given the opportunity to indicate whether you would like to receive e-mails, promotional and/or marketing information about other products, services and offerings from PATON and/or any third parties or other information from PATON. If you have questions about how your personal information is used, please contact us.

Third Party Advertising
We use third-party advertising companies to serve ads when you visit the Site. These companies may use non-personally identifiable aggregated information we compile about your visits to this Site in order to provide advertisements on this Site about goods and services that may be of interest to you. Neither PATON nor any third parties will make any attempt to link this anonymous aggregated traffic and other information to the individual visiting our Site. Except as otherwise detailed in this Privacy Policy, information that personally identifies you will be kept strictly confidential. Any third party promotions and offers will only be made available through us on behalf of the third parties. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit  http://www.sonar.com/naiprivacy . 

Cookies
When you visit the Site, a third-party advertiser or we may store or recognize some information on your computer in the form of a "cookie" or similar file. “Cookies” are small text files that identify an individual computer’s browser entering the Site. They do not pose a security threat to you. No personal information is stored within the cookies. For example, cookies allow us to track a browser’s movement through the Site over several sessions. Through cookies, the Site can recognize repeat visitors, facilitate the visitor’s access to and use of the Site and allows the Site to track usage behaviour that will allow content improvement and enable us to tailor our Site to better match your interests and preferences. If you do not want cookies placed on your computer, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Most Internet browsers or other software will allow you to do this. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Site may be severely limited, and you may not be able to take advantage of many of the Site's best features.

Linking to Our Subsidiary and Holding companies’ and Third Party Content / Web Sites
The Site provides on-line music streaming and other third party content. We are not responsible for any such third party content or music that you may access through the Site. The Site also contains links from and to sites operated by our subsidiary and holding companies and other independent third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site’s and third party content provider’s privacy policies, and if you do not agree to be bound by the terms of the policies governing that provider / site, terminate your use of that service or your visit to the site. The linked sites are not under our influence or control, and we are not responsible for the privacy policies and practices or the content of the linked sites (which have their own terms of use and privacy policies) or contents of any subsequent links from that site.

How Secure is Your Information
Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain, including contracts with third parties that may manage the information provided by you. All personal information is stored on secured servers, behind a firewall at a data center with access to data strictly controlled. Only individuals specifically involved in the analysis and other functions set out herein have access to your personally identifiable information. These individuals have been provided the requisite training on our privacy policies and practices.

Termination
Without limiting the foregoing, PATON shall have the right to immediately terminate your access to this Site in the event of any conduct by you which we, in our sole discretion, considers to be unacceptable, or in the event of any breach by you of any of these Terms of Use and/or this Privacy Policy.

Updating / Deleting your Information
PATON enables our users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. To update or delete your information, please contact us. Please note that it may be impossible to delete a user's entry totally without some residual information because of backups and records of deletions.

Questions / Concerns?
If you have any concerns about privacy procedures at our Site:

Email us at: info@patonpublishing.com

OR

Write us at:
Attn: Privacy, PATON PUBLISHING, PO Box 80079 , 2850 Lakeshore Blvd. West , Toronto , ON M8V 1H5

Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns