TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to CHARTattack.com (“CHARTattack”), owned, produced and operated by Chart Communications Inc. (“Chart”). CHARTattack is a music-oriented content and information website. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).
Chart reserves the right to amend these Terms and Conditions at any time.

BY USING CHARTATTACK YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU REGISTER OR USE THE SITE AS A GUEST (“GUEST”). BECAUSE THE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS, PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE PLEASE DO NOT USE THE SITE.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

1. ACCEPTANCE
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to CHARTattack or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that Chart may terminate your access to CHARTattack or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Chart. Any such termination shall be in Chart’s sole discretion and may occur without prior notice, or any notice. Chart further reserves the right to terminate any user’s access to CHARTattack or to any of the Products and Services for any conduct that Chart, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Chart or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal, or foreign laws or regulations.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.chartattack.com. There are also other (mainly commerce-related) areas of CHARTattack not open to persons under 18 years of age.

You must be of the age of majority in your province of residence to agree to and enter into this agreement on your own behalf and to register for use of the site. If you are under the age of majority in your province of residence and at least 13 years of age, you must present this agreement to your parent or legal guardian, and he or she must consent to enter into this agreement on your behalf. Children under the age of 13 may not register for this site, and parents or legal guardians may not register on their behalf. By indicating your acceptance to this agreement, you represent that (i) you have read, understood and agree to be bound by this agreement and (ii) you are of the age of majority in your province of residence, either entering into this agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the service.

Chart does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Chart registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chart has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Chart has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All Chart registrations become the exclusive property of CHARTattack and Chart. Chart reserves the right to use and reuse all registration and other personally identifiable user information subject to Chart’s Privacy Policy, which is hereby incorporated by reference. Users may edit, update, or alter their personally identifiable information at any time by following the instructions located in Chart’s Privacy Policy and on CHARTattack.
You acknowledge your receipt and review of Chart’s Privacy Policy.

4. GUEST AND USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Chart, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Chart does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use CHARTattack at your sole risk. Under no circumstances will Chart be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Chart does not pre-screen user or third party Content posted on CHARTattack, although Chart reserves the right to do so. Chart does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Chart reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Chart.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

Prohibited Conduct

You agree that you will not use Chart’s Products and Services, including, without limitation, any chat areas, polls, bulletin boards, email and other interactive functions offered as part of the CHARTattack web site, to:

1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.

2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.

3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.

4. Harm minors in any other way.

5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
6. “Stalk” or otherwise harass another.

7. Collect or store personally identifying information about other users for commercial or unlawful purposes.

8. Impersonate any person or entity, including, but not limited to, a Chart or Chart Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.

9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.

10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.

12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

1. Making available copyrighted software or other Content that has had the copyright protection removed.
2. Making available serial numbers for software that can be used to illegally validate or register software.
3. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
4. Making available any software files for which the user does not own the copyright or have the legal right to make available.

13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.

14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or CHARTattack.

15. Use automated means, including spiders, robots, crawlers, or the like to download data from any Chart Network database.

16. Conduct your own contests and promotions.

17. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.

18. Alter, transform, build upon, sell or create derivative works from any Content from any Chart database. However, unless expressly stated otherwise, under Creative Commons License “Attribution-Noncommercial-No Derivative Works 3.0 Unported” you may copy, distribute and transmit Content from any Chart database as long as you agree to attribute the work to Chart (but not in any way that suggests that Chart endorses you or your use of the work) and not use this work for commercial purposes.

19. Sell or make any commercial use of data obtained from any Chart database.

20. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.

21. Intentionally or unintentionally violate any applicable local, provincial, national or international law.

22. Disobey any Chart or Chart Company employee or representative or interfere with any action by any Chart or Chart Company employee or representative to redress any violation of these Terms and Conditions.

23. Access the Products and Services after your account or access has been terminated by Chart.

24. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Chart or the party from whom such software may be licensed.

25. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.

26. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to CHARTattack community or the spirit of these Terms and Conditions.

You acknowledge and agree that Chart and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Chart and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Chart, in its sole discretion. Chart may also terminate access to, or membership in, CHARTattack, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of CHARTattack, including without limitation, information posted on message boards.

You expressly acknowledge and agree that Chart may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Chart, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Chart with regard to its users may be disclosed in accordance with Chart’s Privacy Policy.

Chart also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

5. LICENSE TO USER CONTENT
By posting Content on CHARTattack, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that your Content does not violate the privacy rights, publicity rights, copyright rights or other intellectual property rights of any third party. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on CHARTattack and to indemnify and hold harmless Chart from any third party claims for such royalties and fees.

With respect to any Content posted by or in connection with the Products and Services, you hereby grant Chart a world-wide, royalty free, irrevocable, perpetual license, alone or together or as part of other information, Content and/or material of any kind or nature, to use, copy, modify, publish, edit, translate, transmit, publicly display, publicly perform, create compilations, create derivative works of, distribute and otherwise exploit such Content, to publish and promote such Content in connection with the particular Products and Services (including, without limitation, for advertising and promotional purposes), to publish and promote such Content elsewhere within CHARTattack, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. Such license shall apply with respect to any form, media, or technology now known or hereafter developed.

6. THIRD PARTY MERCHANDISE SALES
CHARTattack may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that CHARTattack, Chart and CHARTattack are not parties to the transaction.
Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

Chart has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through CHARTattack. Chart cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can Chart confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on CHARTattack will act in accordance with those statements. Chart will not get involved in any dispute between Users of the Service and Merchants who post links on CHARTattack. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by Chart of the linked site or any information contained therein.

7. REGISTRATION
By registering on CHARTattack, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the CHARTattack will not violate any applicable law. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
Please choose carefully the information you post on your Profile and that you provide to other members. Any photographs posted by you may not contain nudity or any personal information. Please read Section 4 above, Guest and User Conduct, for additional terms and conditions regarding your use of CHARTattack.

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which Chart assumes no responsibility or liability.

Chart reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Chart Network, including CHARTattack, at any time, for any or no reason, with or without prior notice, and without liability.

8. ONLINE POLLING AND ARTIST RANKINGS
Online polls are not "scientific" and Chart does not present the results as absolute. Chart shall not be held responsible for poll stuffing and or programming manipulation by voters. The poll is intended as a sample of reader opinion on certain topics. Chart does not take a position regarding the poll and or its outcome.

We are committed to provide our users the most relevant Artist rankings presented in the order of greatest relevance. We rank Artist profile pages and rich media streams automatically according to established ranking criteria (which may change from time to time). We do not guarantee any ranking results for any Artist profile page or stream. We also reserve the right in our sole discretion to adjust the ranking of search results for any profile page or stream and to remove any profile page or stream if we believe people are abusing CHARTattack. If you believe that our search results have been manipulated, please submit a complaint via http://chartattack.com/contact/abuse and include "Rankings Manipulation" in the message. Please give us enough details to understand your claim. We will evaluate your claims but we reserve the right to take action or not.

9. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CHART DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CHART DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. CHART SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHART DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. CHART DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. CHART DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. CHART MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY CHART.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL CHART OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF CHART OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, CHARTATTACK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT CHARTATTACK.

UNDER NO CIRCUMSTANCES SHALL CHART OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

11. DISCLAIMER REGARDING THIRD PARTY CONTENT
CHARTattack offers access to numerous third party web pages and content available over the Internet. In the overwhelming majority of instances, including, but not limited to, sites contained within a directory of links, Chart has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on CHARTattack or provided to CHARTattack by third parties, Chart may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through CHARTattack from such sources is developed by people over whom CHARTattack exercises no control. Similarly, content hosted by CHARTattack which is posted by third parties, and, with the exception of certain random screening functions, Chart cannot and does not screen such web pages before they are made accessible to other users of CHARTattack. Accordingly, neither Chart nor its licensors assume any responsibility for the content of any site linked to the CHARTattack web site or in any web page hosted for a third party within the CHARTattack web site. In instances where CHARTattack does review the sites that are displayed in directories, indices, and/or references, or where CHARTattack makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed by third parties, and review of such sites by Chart, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

12. STORAGE
Many features of CHARTattack store information on behalf of Guests. Examples include, but are not limited to Profiles and postings. Chart reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the Guest’s account has been inactive.

13. ADVERTISERS AND CONTENT LINKED TO THE CHARTATTACK NETWORK
Chart and CHARTattack may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave CHARTattack to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Chart and CHARTattack have no control over such sites and resources. You acknowledge and agree that Chart and CHARTattack are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Chart and CHARTattack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CHARTattack Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Chart and CHARTattack 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 advertisers on the Product and Services.

14. NO LICENSE; INTELLECTUAL PROPERTY OF CHARTATTACK AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Chart's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate CHARTattack and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Chart and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Chart in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Chart, any of Chart’s affiliates, or any of Chart’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through CHARTattack for any purpose other than the purpose for which such Content is made available to users by Chart. You agree not to defame or disparage Chart and the Chart Companies, the trademarks or service marks of Chart, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or CHARTattack.

15. LINKING TO CHARTATTACK; USE OF LOGO
CHARTattack offers a non-assignable, non-transferable, and non-exclusive license to link to CHARTattack web sites, using CHARTattack logos, subject to the following provisions. CHARTattack logos may be placed on a Web site for the sole purpose of creating a link to CHARTattack and allowing users of your site to access the Products and Services on CHARTattack. CHARTattack logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by CHARTattack. CHARTattack logos may only be used in the exact size, shape, colours, design, and configuration as found on the home page of the CHARTattack web site. CHARTattack logos may not be altered in any manner. CHARTattack logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. CHARTattack logos may not be used to disparage CHARTattack, its products or services, or in a manner which, in Chart’s reasonable judgment, may diminish or otherwise damage Chart’s goodwill in CHARTattack logos. By using any such Chart logo, you acknowledge that CHARTattack has exclusive rights to the logo, and that all goodwill generated through your use of the logo will inure to the benefit of CHARTattack. Chart reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Chart reserves the right to take action against any use that does not conform to these provisions.

16. INDEMNITY AND RELEASE
By using the CHARTattack web site you agree to indemnify Chart Communications, Inc., the Chart Companies, and their officers, directors, employees, agents, licensees and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the CHARTattack web site, your use of the Products and Services, or your submission of ideas and/or related materials to Chart or from any person's use of any account or password you maintain with CHARTattack, regardless of whether such use is authorized by you. By using CHARTattack, using the Products and Services, or submitting any ideas and/or related materials to Chart, you are hereby agreeing to release Chart and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensees and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Chart.

17. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of CHARTattack or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

18. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other trademarks that appear throughout the Products and Services belong to Chart, the Artists featured on CHARTattack, or the respective owners of such trademarks, and are protected by Canadian and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Chart or the owner of the mark, as appropriate, is strictly prohibited. Chart and CHARTattack may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave CHARTattack to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Chart and CHARTattack have no control over such sites and resources. You acknowledge and agree that Chart and CHARTattack are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Chart and CHARTattack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

19. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of Chart to respond expeditiously to claims of intellectual property infringement. Chart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Canadian Copyright Act ("CCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the CCA, CHARTattack will act expeditiously to investigate, and, if necessary, remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. CHARTattack will terminate access for Guests or Artists who are repeat infringers. Notices of claimed infringement should be directed to:

General Counsel
Cassels Brock & Blackwell LLP
Scotia Plaza
Suite 2100
40 King Street West
Toronto, Ontario
M5H 3C2

Please put "Notice of Infringement" in the subject line of all such notifications. When Chart removes or disables access to any material claimed to be infringing, Chart may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Chart makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. Chart will give the complaining party an opportunity to seek judicial relief in accordance with the CCA before Chart replaces or restores access to any material as a result of any counter notification.

20. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
This Agreement will be governed by the laws of Canada and the province of Ontario, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provincial courts located in Toronto, Ontario, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

21.CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
CHARTattack reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. CHARTattack reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

22. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between Chart’s representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Chart web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

23. NON-WAIVER AND SEPARABILITY
Chart’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

24. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Chart are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

25. NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Chart.

26. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

27. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Chart. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

28. COMMUNICATIONS WITH USERS
You consent to receive communications from Chart concerning your use of the Products and Services ("Communications"). The Communications may be those that Chart is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Chart sends to you for other reasons. You consent to receive Communications electronically. Chart may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on CHARTattack. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Chart sends Communications by visiting your account information page.

In order to receive Required Communications, you must provide Chart, upon registration with CHARTattack, a valid email address to which Chart may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above, Netscape Navigator version 6.x or above, or Firefox 1.5 or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Chart will provide notice of any changes to these requirements.

29. SUBMISSIONS OF IDEAS
CHARTattack is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to CHARTattack, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO CHARTATTACK BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO CHART, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO CHART THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT CHARTATTACK IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CHART, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

30. BILLING
You agree to pay for all services and materials that you purchase through the service and Chart may charge your credit card for any such payment(s). Chart may, in its discretion, post charges to your credit card individually or may aggregate charges with other purchases that you makes on the service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card designate when you first make a purchase or incur a charge. If any billing information changes, you must update that information in your account. All prices for products within the service are subject to change by Chart at any time. Prices quoted exclude applicable taxes, including sales taxes.

31. VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of Chart and CHARTattack, Chart and CHARTattack reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Chart web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:

Chart Communications Inc.
2200 Yonge Street, #910
Toronto ON M4S 2C6
CANADA
Phone: 416.363.3101
Fax: 416.363.3109

Please read the entire Terms and Conditions, as all Chart properties, Products and Services are offered subject to these Terms and Conditions.
We hope your enjoyment of Chart’s Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Chart community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

TERMS AND CONDITIONS

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