Terms of use

CheckOutMyWorld User Agreement

Welcome to the User Agreement for CheckOutMyWorld and all sub-domains run under the umbrella of CheckOutMyWorld. This Agreement ('Agreement') describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.checkoutmyworld.com (the "Site") and the general principles for the websites of our parent, subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use this site.

You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of CheckOutMyWorld.com. By accepting this Agreement, you also agree that your use of other CheckOutMyWorld websites will be governed by the user agreement and privacy policies posted on those websites.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, we will notify you via email of the amended terms. This Agreement may not be otherwise amended. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on November 11, 2009 for all users registered.

1. Membership Eligibility

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site.

2. Violation of Intellectual Property Rights

If CheckOutMyWorld receives a notice alleging that you have engaged in behavior that infringes CheckOutMyWorld's or other's intellectual property rights or reasonably suspects the same, CheckOutMyWorld may suspend or terminate your account without notice to you. If CheckOutMyWorld suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you.

3. CheckOutMyWorld.com is a Venue

Because we are a venue, in the event that you have a dispute with one or more users, you release CheckOutMyWorld (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6. Restricted Activities.

Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the Sites of our ISPs or other suppliers.

License

Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. You also waive all moral rights you have in such information. We will only use Your Information in accordance with our Privacy Policy.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your profile, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.

7. Promotions and Advertising

CheckOutMyWorld.com and/or its business partners may present advertisements or promotional materials on or through the Site. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third-party. You agree that CheckOutMyWorld.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

8. Links to Third Party Sites

The Site may present links to third-party websites not owned or operated by CheckOutMyWorld. CheckOutMyWorld is not responsible for the availability of these sites or their contents. You agree that CheckOutMyWorld is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

9. Modifications to Service

CheckOutMyWorld reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you, without any liability to you or to any third party.

10. Remedies

You agree that any unauthorized use of the Site, the Tracks, the Materials, the Client or any related software or materials would result in irreparable injury to CheckOutMyWorld and/or its affiliates or licensors for which money damages would be inadequate, and in such event CheckOutMyWorld, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that CheckOutMyWorld, its affiliates and/or licensors may have under separate legal authority.

11. Music Licensing

Check Out My World and Check Out My Tunes are not responsible for obtaining permission from song-writers to use their music on this site. Check Out My World and Check Out My Tunes are not responsible for obtaining mechanical or web licenses for the use of music listed on the site. You agree as ‘the artist’ to be responsible for all licenses, royalties, permissions, pay-outs etc, if you do not already own the copyrights for the songs you list.

No Warranty

WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.

Indemnity

You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Legal Compliance

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services.

No Agency

You and CheckOutMyWorld are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

General

This Agreement shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by CheckOutMyWorld. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Contracts in English

It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux presentes ont expressement demande que ce document et tous les documents s'y rattachant soient rediges et signes en anglais.