Welcome to SoSeriuzRadio (“SoSeriuzRadio,” “we,” “us,” “our”). These Terms of Use apply to SoSeriuzRadio’s online and mobile website, services, and applications (“Sites”). Thank you for visiting and have a great time!
It is important to us that you, and our other visitors, have the best possible time while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site because they affect your legal rights and obligations.
If you do not agree with any of these Terms of Use, please do not use this Site. By using this Site, you will be deemed to have irrevocably agreed to these terms in their entirety. Some areas of this Site may be subject to additional terms and conditions (including age requirements) (“Additional Terms”), which you should read carefully and understand how they apply to you before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding the use of this Site unless otherwise expressly stated.
Please note that we reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any changes.
We reserve the right to restrict, suspend, terminate, or refuse your access to or use of the Site, in whole or in part, without notice, in our sole discretion.
This Site is controlled and operated by SoSeriuzRadio located at [Insert Canadian Address Here]. Please send any complaints, questions, or general correspondence to info@soseriuzradio.com.
Your Registration. To access a Site or some of the resources it has to offer, you may be asked to provide registration details. If so, it is a condition of use of the Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site or any of its resources and to restrict, suspend, or terminate your account.
Your privacy is important to us. To help protect your privacy, go to www.soseriuzradio.com/privacy/
This Site and the content and materials on this Site (“Material”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by SoSeriuzRadio or others (“Trademarks”). Such trademarks include SSZRADIO, the SSZRADIO Logo, and SoSeriuzRadio, all of which are trademarks owned by SoSeriuzRadio. SoSeriuzRadio respects the intellectual property rights of others and asks users of this Site to do the same.
Your right to make use of this Site and any Material appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and display Material for non-commercial, personal, entertainment use only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by us. The use of any Materials on any other website, app, service, computer environment, or media, other than a Site, is prohibited.
In addition, you agree not to:
You agree to use the Site at your sole risk and that we shall not have any liability to you for the type of Material that you may access, including without limitation Material that you may find offensive, indecent, or objectionable. We do not warrant the truth or validity of any information provided via the Site.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, AND SOSERIUZRADIO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOSERIUZRADIO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOSERIUZRADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOSERIUZRADIO MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND SOSERIUZRADIO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
SOSERIUZRADIO DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF SOSERIUZRADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF SOSERIUZRADIO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE MATERIALS, INFORMATION, AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF SOSERIUZRADIO OR CONTENT PROVIDERS.
Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law, and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by SoSeriuzRadio) or privately transmitted on or through this Site are the sole responsibility of the sender, not SoSeriuzRadio, and that you are responsible for all material you upload, post, or otherwise transmit to or through this Site.
We at SoSeriuzRadio require that you do not post, email, or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive; (b) disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any actor appearing in the Material; (c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details for improper purposes, or otherwise; (d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of privacy or publicity; (e) violates any law or may be considered to violate any law; (f) transmits under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); (g) advocates or promotes illegal activity; (h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or sponsored videos, and/or soliciting goods or services) except as specifically authorized on this Site; (j) solicits funds, advertisers, or sponsors; (k) includes programs which contain viruses, worms, and/or ‘Trojan horses’ or any other computer code, files, or programs designed to interrupt, overload, collapse, destroy, or limit the functionality of any computer software, hardware, or telecommunications; (l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via the Site; (m) copies any other pages or images on this Site except with appropriate authority; (n) includes MP3 format files; (o) amounts to a ‘pyramid’ or similar scheme; (p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or (q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted anywhere on this Site (e.g., on any web space made available for your use).
Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to SoSeriuzRadio (“User Content”), you automatically and irrevocably: (a) grant and assign to SoSeriuzRadio a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other use and exploitation including the creation of derivative works, by SoSeriuzRadio and/or by any person authorized by SoSeriuzRadio, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint SoSeriuzRadio as your agent with full power to enter into any document and/or do any act SoSeriuzRadio may consider appropriate to confirm the grant and assignment, consent, and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that SoSeriuzRadio shall not be liable for any use or disclosure of such User Content.
Without limitation, you agree not to send, create, or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). SoSeriuzRadio shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that SoSeriuzRadio considers insecure, SoSeriuzRadio will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SoSeriuzRadio reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
SoSeriuzRadio reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting, or email you make or send to any Forum. SoSeriuzRadio may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. SoSeriuzRadio may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If SoSeriuzRadio believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting, or email, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. SoSeriuzRadio will fully cooperate with any law enforcement authorities or court order requesting or directing SoSeriuzRadio to disclose the identity of anyone posting any email, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF SOSERIUZRADIO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF SOSERIUZRADIO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF SOSERIUZRADIO OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Site, you must obtain access to the World Wide Web or a mobile network and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web or mobile network (including a computer or other device, modem, and/or other access devices). SoSeriuzRadio reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
SoSeriuzRadio makes no representation that Materials or other content on the Site are appropriate or available for use outside the country of operation. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country of operation or the country you reside in.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States, Canada, or the country you reside in.
You agree to indemnify SoSeriuzRadio and their officers, directors, employees, agents, distributors from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto SoSeriuzRadio’s servers, and/or from any and all use of your account. You further agree to hold SoSeriuzRadio and their officers, directors, employees, agents, distributors harmless from any and all claims, demands, liabilities, costs or expenses resulting from your use of this Site and any Material appearing on it.
This Site may link you to other sites on the Internet or any other application or service. These sites, apps, and services may contain information or material that some people may find inappropriate or offensive. These other sites, apps, and services are not under the control of SoSeriuzRadio, and you acknowledge that (whether or not such sites are affiliated in any way with SoSeriuzRadio). SoSeriuzRadio is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, apps, or services. The inclusion of such a link does not imply endorsement of any site, app, or service by SoSeriuzRadio or any association with its operators.
SoSeriuzRadio cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from SoSeriuzRadio since other shop channels are owned and operated by independent retailers. SoSeriuzRadio does not endorse any of the merchandise, nor has SoSeriuzRadio taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites.
Furthermore, SoSeriuzRadio does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies, and guidelines of such proprietary online service.
The Materials and all other content and features on this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in Canada, its territories, possessions, and protectorates. These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of Canada as they are applied to agreements entered into and to be performed entirely within Canada.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises between you and us, you agree to provide us with notice of the dispute via email to info@soseriousradio.com. Upon our receipt of the notice, the parties shall have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this Section.
With the exception of class actions (further discussed in Section 22), claims to enforce intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), and claims of piracy or unauthorized use of the Site, any dispute of any kind between you and any member of SoSeriuzRadio arising under these Terms of Use or in connection with your use of the Sites (“Dispute”), if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration in the province in which you reside.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or provincial court. However, after such request for relief has been heard by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein. We reserve the right to demand any remedy for violations of these Terms of Use and/or any other rules and regulations set forth on the Sites, including without limitation the right to block access from a particular Internet protocol (IP) address.
Any arbitrator proceeding over a Dispute shall be a retired judge or justice of any provincial or federal court with substantial experience in the subject matter relevant to the matter in dispute. The arbitration shall occur in the province in which you reside and shall follow Canadian law in adjudicating the dispute. The parties agree that an arbitrator proceeding over a Dispute shall be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties.
The arbitrator, and not any federal, provincial, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator may, if good cause exists, award the prevailing party his/her/its reasonable attorneys’ fees and costs, including the costs of the arbitration. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
If the claim you wish to assert against us is less than $10,000, then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in provincial or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys’ fees and costs incurred in successfully compelling arbitration.
To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit, SoSeriuzRadio will pay the additional cost of the filing fee.
The parties agree that they will resolve their Disputes on an individual basis, and that any claims brought under this agreement or in connection with the Sites must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The parties further agree that they shall not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with the Sites. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in provincial or federal court in Canada.
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
