Legal

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. Astral Media Radio Atlantic Inc. ("Astral"), a subsidiary of the Astral Media Inc. ("Astral Media"), is the owner of the web site http://www.capitalfm.ca (the "Web Site").Your access and continued use of the Web Site constitutes your full acceptance and compliance with the following terms and conditions ("Terms"). If you (the "User") have not already done so, please take some time to familiarize yourself with these Terms. If you do not agree with the Terms, PLEASE DISCONTINUE ALL USE OF THE WEB SITE IMMEDIATELY.

COPYRIGHT AND TRADE-MARKS

All names, titles, logos and graphic elements appearing on the Web Site which identify the products and services of Astral, Astral Media and their affiliated companies, and all names, titles, logos and graphic elements derived there from or related thereto are trade-marks and the sole property of Astral, Astral Media or their affiliated companies. All other names, titles, logos and graphic elements that appear on the Web Site and are not the property of Astral, Astral Media or their affiliated companies are the exclusive property of their respective owners.

The Web Site contains elements, trade-marks and other exclusive information, including, without limitation, texts, pictures, images, illustrations, music, audio clips, video clips, software and other copyrighted material (collectively referred to as the "Material"). The Material is protected by Canadian and international copyrights and trade-marks laws and international treaties. Astral is the copyright owner of the original Material and of all selection, coordination, arrangement or embellishment of the original Material. The Web Site is protected under Canadaís copyright legislation as a collective work and a compilation.

By accessing the Web Site, the User undertakes to comply with the provisions of the laws governing copyright and trade-marks.

Unauthorized use of the Material can result in penalties being imposed according to the laws of Canada. It is strictly forbidden to use or alter any of the trade-marks, service marks, logos or characters found on the Web Site.

LINKS

The Web Site may present links to third party web sites. The owners of third party web sites manage the content of such web sites which is neither checked nor approved by Astral. The posting of any link on the Web Site cannot be construed as an endorsement, a guarantee or a recommendation of the products or services offered on such third party web sites. The User links to third party web sites at his/her own risk. Third party web sites may provide a link to the Web Site but may not replicate any of its content. Furthermore, under no circumstances may a third party imply that Astral, Astral Media or their affiliated companies are associated with a third party or are endorsing its web site or its products. Third party web sites that link to the Web Site must not contain any material that may be construed as illegal, distasteful, offensive or controversial and should display content that is appropriate for all age groups. Astral may withdraw a third partyís right to link to its Web Site at any time in its sole discretion.

RULES OF CONDUCT

The User shall refrain from transmitting to the Web Site any material which libels, defames, or invades the privacy of others, is obscene, pornographic, abusive or threatening, infringes third party intellectual property rights or violates any other laws. The Web Site must not be used to solicit customers or sell products or services. It is forbidden to use e-mail services in order to transmit non-authorized or non-solicited messages, including spam mail.

In the event of any violation of these Terms, Astral may immediately terminate the use of the Web Site by the User and the User shall indemnify Astral, Astral Media, their affiliated companies and their officers, directors, employees, agents, licensors, and successors and assigns against any and all third party claims made thereunder, if any.

The use of the Web Site is governed by Astral Mediaís Customersí Privacy Policy, which can be found on the Web Site.

FORUM

"Forum" shall mean a chat room, a blog, an e-mail or any other message, means, space or communication mechanism available on the Web Site or any other mobile program operated by Astral. A User involved in a Forum is not allowed to:

• commit a criminal act or technical offence, including, without limitations, all crimes related to pornography, threats, intimidation, hate, aggression, or any economic crimes;
• libel, abuse, harass, stalk or threat others, or otherwise cause prejudice to the rights of others to good reputation, confidentiality, protection of privacy and public life, or to any other statutory rights, or intellectual property rights;
• publish, post, distribute or disclose any information or document which is defamatory, obscene, indecent or illegal or that prejudices the rights of others;
• download or transmit files which contain viruses, corrupted files or any other software or programs of this type which could impede the operation of Astralís or the Userís computer system;
• remove or modify any mention of copyrights, trade-marks, and trade name, and any logo, legal notice, property identification or any label in any file which is downloaded or uploaded;
• falsify the origin or the source of a software or the content of a file which is downloaded or uploaded;
• advertise and offer for sale goods or services, circulate surveys, contests or chain letters;
  
• engage in any behaviour that encourages or motivates any activities prohibited herein and plot to conduct such activities.

The User acknowledges and agrees that all communications in the Forum are not private and that the Forum can only be used for non-commercial communications. Moreover, the User acknowledges and agrees that chatting, posting, conferencing and other means of communications between the Users are not followed, supervised, filtered, approved or sanctioned by Astral. However, Astral reserves the right, without any obligation, to supervise the Web Siteís content, including Forums, and to remove or refuse to post any text or content that is considered, at the sole discretion of Astral, to be in contravention of any clause herein or otherwise inadmissible. The User is fully responsible for the content of his/her communications. Astral has the right, at its sole discretion, to ban a User from the Web Site, without notice.

By posting messages, uploading or transmitting any material or content to a Forum or to Astral, the User automatically grants to Astral (or automatically warrants that the owner of such material or content has expressly granted to Astral) the perpetual, royalty-free and non-exclusive right and license worldwide to create derivative works, in whole or in part, from such content or material and to use, reproduce, modify, adapt, publish, translate, transmit, distribute or in any way exploit such material or content, in whole or in part, in any media and by any technology now known or hereafter developed. Furthermore, the User irrevocably waives any "moral" right on any contents or files uploaded or transmitted by the User.

WAIVER OF RIGHTS

The User waives all rights to any stories, ideas, drawings, opinions and other works posted on the Web Site. Furthermore, the User may only post original works of which he/she is the sole author.


JURISDICTIONAL ISSUES

The Web Site is controlled and operated by Astral from its offices in the Province of Quebec, Canada. When using the Web Site, the User agrees that all matters related to his/her visit of the Web Site or its content are governed by the laws of the Province of Quebec and Canada, notwithstanding any conflict of laws provision. The User recognizes that the courts in the Province of Quebec have jurisdiction over all claims and proceedings arising from or related to this agreement.

TERMINATION

Astral may terminate this agreement, without notice as soon as it is of the opinion, in its sole discretion, that the User contravenes any provision hereunder. Upon termination of this agreement, the User must destroy all materials obtained from the Web Site and any and all copies thereof, whether made under the terms of this agreement or otherwise.

DISCLAIMER

THE MATERIALS IN THE WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAWS, ASTRAL, ASTRAL MEDIA AND THEIR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS REGARDING THE ABSENCE OF VIRUSES OR THE ACCURACY, QUALITY OR RELIABILITY OF THE CONTENT OF THE WEB SITE. THE USER FULLY ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

ASTRAL DOES NOT WARRANT THAT THE WEB SITE AND THE SERVERS HOSTING THE WEB SITE WILL BE FUNCTIONAL WITHOUT INTERRUPTION OR ERRORS OR VIRUSES, OR THAT SUCH PROBLEMS WILL BE FOUND AND CORRECTED. MOREOVER, ASTRAL, ASTRAL MEDIA AND THEIR AFFILIATED COMPANIES DO NOT MAKE ANY REPRESENTATIONS AS TO THE VALIDITY, ACCURACY, AUTHENTICITY AND RELIABILITY OF THE CONTENT OF THE WEB SITE AND OF THE GOODS AND SERVICES APPEARING ON THE WEB SITE. ASTRAL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THE WEB SITE AND THE DISCLAIMERS AND TERMS AND CONDITIONS HEREIN AT ANY TIME, WITHOUT NOTICE.

THE USER RECOGNIZES AND EXPRESSLY AGREES THAT THE USE OF THE WEB SITE INVOLVES RISKS WHICH HE/SHE FULLY ASSUMES. THE USER AGREES TO INDEMNIFY ASTRAL, ASTRAL MEDIA, THEIR AFFILIATED COMPANIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY CLAIM ARISING IN ANY MANNER WHATSOEVER FROM THE USE OF THE WEB SITE BY THE USER INCLUDING POSTING, UPLOADING OR TRANSMITTING INFORMATION OR CONTENT TO THE WEB SITE OR TO ANY FORUM, OR FOLLOWING THE NON-COMPLIANCE OF THE TERMS AND CONDITIONS HEREIN BY THE USER.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES ASTRAL, ASTRAL MEDIA AND THEIR AFFILIATED COMPANIES SHALL BE HELD LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING UNDER ANY CIRCUMSTANCES FROM THE USE OR THE INABILITY TO USE THE CONTENT OF THE WEB SITE, EVEN IF ASTRAL OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASTRAL'S LIABILITY TO A USER IN THE EVENT OF DAMAGES, LOSSES OR LEGAL PROCEEDINGS SHALL NOT EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THE WEB SITE. THE USER MUST TAKE REASONABLE PRECAUTIONS TO ENSURE THAT HIS/HER COMPUTER IS VIRUS FREE AND THAT HE/SHE RETAINS A BACKUP OF HIS/HER FILES BEFORE ATTEMPTING TO ACCESS AND USE THE WEB SITE. ASTRAL POINTS OUT THAT THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FROM TIME TO TIME.

ENTIRE AGREEMENT

The Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and Canada, as applicable notwithstanding any conflict of laws provision. All claims and proceedings arising from or related to the Web Site and the Terms, shall be adjudicated solely by a court or by a tribunal of the jurisdiction of Montreal, Province of Quebec, and the parties hereto attorn to the jurisdiction thereof. If any provision of the Terms shall be deemed unlawful, void, or unenforceable, such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. The Terms constitute the entire agreement between the parties relating to the use of the Web Site and shall not be modified except by Astral from time to time as set out above. Astralís failure to insist upon or enforce strict performance of any provision of this agreement shall not be deemed or construed as a waiver of any provision or right. 

TRANSLATION

The terms of use herein have been translated from the French language to the English language. The French version is the governing version and shall prevail whenever there is a discrepancy between the two versions.