1. “CMRRA Direct” is an online application offered by the Canadian Musical Reproduction Rights Agency Ltd. (“CMRRA”). Via CMRRA Direct you may access, review, submit, amend, and download certain information and documents pertaining to your dealings with CMRRA.
3. CMRRA will make CMRRA Direct available to you through CMRRA’s website (http://www.cmrra.ca). CMRRA will use its best efforts to make CMRRA Direct available during ordinary business hours but you acknowledge that the availability of CMRRA Direct may be interrupted for the purposes of maintenance or upgrading by CMRRA or through factors beyond the control of CMRRA.
4. You represent and warrant that any information you provide to CMRRA through CMRRA Direct shall be true and accurate.
5. You shall be responsible for creating and maintaining a user identification code and associated password (together “Access Information”). You shall keep such Access Information confidential and protect it from disclosure to others. You shall immediately notify CMRRA and shall change any Access Information that has been lost, stolen, misused or may have become known to anyone other than the person to whom it was issued.
6. CMRRA shall be entitled to rely upon any message, instruction or notification (“Messages”) sent by a person who has authenticated himself or herself using Access Information, and you agree to assume the risks inherent in such dealings. Any such Messages shall be effective as if executed and delivered by you as an original signed document. Except and unless due to the negligence of CMRRA, you shall be bound by and responsible for any such written Messages received by CMRRA from a person using Access Information, whether actually authorized by you or not. You acknowledge that Messages may now or may in the future include advice relating to new releases, notification of changes to song ownership, royalty payment, mailing instructions, and the acceptance or rejection of licences.
7. You acknowledge that beyond initially confirming your identity through the issuance of a confidential confirmation code, CMRRA is under no obligation to confirm the actual identity or the authority of any user of any Access Information. CMRRA may decline or delay acting upon any instruction or executing any transaction for any reason, including, but not limited to, ambiguous or incomplete instructions, or concerns about the authenticity of the instructions received by CMRRA.
8. From time to time, you may be asked to signify your agreement to an online contract by clicking on a specified button (such as one marked “AGREE” or “ACCEPT”) located on an applicable form on CMRRA Direct. CMRRA may rely upon such action as equivalent to your signed written agreement to such a contract with equivalent legal force and effect. For greater certainty, this includes your acceptance of these terms and conditions.
9. You acknowledge that CMRRA may terminate any product or service, or your access to any product or service, located on CMRRA Direct at any time without having to provide written notice to that effect.
10. You agree that CMRRA’s records of electronic communications will be admissible in any legal, administrative or other proceeding as equivalent to original written documents and shall be conclusive proof of the information contained in such electronic communications.
11. You acknowledge that the Internet is a rapidly evolving technology and that CMRRA cannot ensure the privacy or authenticity of any information or instructions that you send or that are sent to you over the Internet.