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Numusix Inc. (hereinafter " Numusix ")operates the www.numusix.com website (the " Site "). Numusix is a corporation legally constituted under the Canada Business Corporations Act.

The following is a contract, entered into between Numusix and yourself, relative to the Sites terms and conditions of use (the " Contract"). By accessing the Site and by clicking on " I AGREE ", you agree to abide by the following terms and conditions of use. If you do not want to be bound by this Contract, you cannot use any of the services offered by the Site, including uploading and downloading of musical files.

1. Notice

Numusix reserves its right, from time to time and at its sole discretion, to modify, add or subtract any of these terms and conditions of use. In that case, Numusix will post the revised version of the Contract on the Site. You shall be responsible to inform yourself of any modifications by consulting the revised version of the Contract. You shall stop using the Site if you do not agree to be bound by the revised Contract. If you continue to use the Site after the modification of its terms of use, you will be deemed to have accepted such modifications.

2. Required age

The services offered on the Site are only accessible to individuals aged thirteen years old or more. In order to accept and conclude this Contract in your own name, you have to be at least eighteen years old. If you are between thirteen and eighteen years old, you must read these terms and conditions of use in the presence of either your parents or your legal tutor which, in turn, shall click on " I AGREE " for you to conclude the Contract.

3. Registration

Anyone who wishes to download musical files from the Site shall register first. The information provided during registration must be exact and valid. For the purposes of the Contract, a user is a person browsing the Site or using the services (in particular, the musical files downloading services) offered on the Site (a " User "). An artist is a person or a musical group that creates an artists profile and that uploads one or more musical files on the Site (an " Artist "). For more certainty, an Artist is also a User for the purposes of this Contract.

A person or a musical group that wishes to upload musical files on the Site shall create an "[ Artist Profile ]".

Each musical group shall designate a representative (the " Authorized Representative ") who will be the only person in charge of all correspondence and interaction with Numusix. A musical group shall have no more than one Authorized Representative.Each individual Artist shall be considered as an Authorized Representative for the purposes of this Contract. By creating an "[ Artist Profile ]", the Authorized Representative represents and guarantees that he is authorized to act as such by the other members of the group. Only an Authorized Representative may create and subsequently modify an "[ Artist Profile ]" for the account of a musical group. All communication between a musical group and Numusix shall be made by the Authorized Representative. All correspondence (including all Artist compensation) sent to the attention of a musical group from Numusix shall be addressed exclusively to the Authorized Representative.

The Artist is the only person in charge of the accuracy and the updating of the information he provides to the Site. In the case of a musical group, only the Authorized Representative may modify the information provided and he shall be entirely responsible of its accuracy.

In the case of a musical group, only the Authorized Representative shall be authorized to modify this information be solely responsible for the correctness and updating of the information provided. Furthermore, the Authorized Representative alone shall be allowed to modify this information.

4. Services offered

The Site offers services for the purpose of promoting upcoming musical talents. The Site allows Users to buy and download musical files uploaded by Artists. The Site also allows Users to listen to musical samples for free.

Uploads by the Artists are free. The Artists can only upload the musical files for which they own all the copyrights, including the right to publicly communicate those works by way of telecommunication, or musical files for which the owner of such rights has consented to the uploading and selling of those files to Users through the Site.

The Site also allows Users to post ads, including the possibility to sell products via "classified ads".

5. Required fees

Numusix offers Users the possibility to download musical files for free or at a price set by the Artist (the "Required Fees"). Such price is determined at the Artists sole discretion. The Required Fees exclude all applicable sales taxes.

Subject to statutory resolution rights (if any), all sales are final. As soon as a User has provided his personal information, payment details, confirms the validity of the information by clicking " CONFIRM "and then clicks on [" FINISH "], the purchase cannot be cancelled and the Required Fees shall be billed. Once the payment is completed, a confirmation page will display the details of your purchase and your order number. Keep this number for your records. Click on " PRINT " to print a receipt of your order.

Some Internet service providers may charge additional fees according to the number of gigabytes uploaded or downloaded. Numusix shall not, in any case, assume such additional fees.

6. Payment methods

Numusix accepts credit card payments. By providing Numusix with information relating to your credit card, you certify that you are the legitimate holder of the credit card used to make any payment. Both MasterCard and Visa credit cards are accepted. An amount equal to the sum of the Required Fees for all of the downloaded files will be charged to your credit card. You hereby agree to inform Numusix, as soon as possible, of any modification to the number or to the expiry date of your credit card and/or to your billing address. You hereby also agree to inform Numusix, as soon as possible, of the expiry or cancellation of your credit card.

7. Remuneration

Direct sale made from the Artists profile

Numusix.com will give each Artist a commission equivalent to 60 percent of the Cost of each music file uploaded by the Artist and downloaded by a User (the Commission) from the Artists profile. Numusix.com will retain the other 40 percent to cover costs of managing the Site and banking transactions.

Direct sale made from a fan profile

Numusix.com will give each Artist a commission equivalent to 50 percent of the Cost of each music file uploaded by the Artist and downloaded by a User (the Commission) from a fans profile. Numusix.com will retain the other 50 percent to cover costs of managing the Site, banking transactions and fan commissions.

Numusix.com will give each fan a commission equivalent to 10 percent of the Cost of each music file uploaded by the Artist and downloaded by a User (the Commission) from a fans profile. Payment of this Commission will be made by cheque in Canadian dollars on or around the 31st of December of the current year.

Other fees and terms of payment

The Artist understands and accepts that, in the event that the uploading of their music file is subject to fees, royalties or tariffs required by copyright collectives or others (e.g. the Society of Composers, Authors and Music Publishers of Canada) (the Other Costs), they must be paid by the Artist. Numusix.com reserves the right to require payment of Other Costs, if any, directly from the Artist concerned (either by deducting the Other Costs applicable from Commissions due or, when the Other Costs applicable are greater than Commissions due, by billing the Artist). Numusix.com also reserves the right to modify, at any time, the amount of Commissions by publishing a revised version of the Contract on the Site. Continued use of the Site following publication of modifications is equivalent to acceptance of these modifications.

Commissions and Other Costs for artists are calculated on the last days of March, June, September and December. For a purchase made on February 20, for instance, the Commission will be calculated on the following March 31. Numusix.com will pay Commissions within 60 days of the end of each quarter. Commissions are paid by cheque in Canadian dollars. In the event that the amount of Commissions payable is less than $20, payment of Commissions will be carried over to the following quarter, and so on, until the minimum amount is obtained. At the end of each year, on or around December 31, all Commissions payable will be paid, even if the amount of these Commissions is less than $20.

Commissions to fans are calculated on the last day of September and are payable on the last day of December of the same year.

Payments made by Numusix.com will be made by cheque made out to the Authorized Representative at the address indicated in the Artist Profile and/or Fan Profile. The Artist or Fan recognizes that they are solely and entirely responsible for any declaration and tax payment to the concerned authorities relative to income generated by sale of music files.

8. Sales registry

The Artist will have access, at all time, to the sales registry of his Contributions. The sales registry provides real-time data and is managed by Numusix. The Artist may access the details of his account through the " MY COMMISSIONS " link on the Site.

9. Downloaded contributions

Every User hereby acknowledges and agrees that he is solely responsible for the musical files and any other text, image, file or content that he uploads on the Site (the " Contributions ") and for the consequences arising out of their publication. Numusix shall not be responsible for any Contribution or for any opinion, recommendation or notice expressed in such Contributions. Numusix shall not be held liable in any way with respect to those Contributions.

Any User (including any Artist) represents and warrants that he holds all copyrights and authorizations required to make Contributions and to authorize Numusix to use all copyrights or other intellectual property rights relating to the Contributions in order to allow the inclusion and use of the Contributions in accordance with these terms of use.

A User shall remain the owner of all property rights relating to his Contributions. However, by making Contributions, a User grants limited rights to Numusix and to the other Users of the Site. A User grants Numusix the non-exclusive, transferable right (including the right to grant sub-licenses) to reproduce, distribute, display, broadcast, communicate to the public by way of telecommunications and to save electronically the Contributions on the Site and to create derived works including, but not limited to, the promotion of the Site and the redistribution of all or part of the Site in any format and on any medium.

Moreover, the Artist grants to each User of the Site the non-exclusive, transferable right to access the sites Contributions (including the musical files), and to use, reproduce and distribute same in accordance with these terms of use.

These rights granted to Numusix and to the Users of the Site shall end when the Artist will have removed or deleted the Contribution from the Site.

10. Downloaded content

Every User acknowledges that his use of the Site may expose him to shocking or offending Contributions and that Numusix shall in no way be held liable for the contents of the Contributions.

By virtue of this Contract, Numusix grants to Users having paid the Required Fees a limited, non-exclusive, non-transferrable and non-assignable personal license to listen to, for non-commercial and for personal and private purposes, copies of all musical files that you are expressly authorized to download from the Site (the " Downloaded Content "). The Downloaded Content is provided " AS IS " without any warranty and is subject to the limitations of warranty and of liability set forth hereinafter. You hereby acknowledge and agree that you are not authorized to grant sub-licenses, to assign or transfer this license in any way and that no other property right in the Downloaded Content has been or will be granted to you by Numusix or by anyone else. You may not modify, change or create derived products from the Downloaded Content. Numusix reserves the right to terminate this limited license to use, at any time and without notice, for any reason whatsoever and at its sole discretion.

Users may not attribute their use of the Downloaded Content to Numusix and may not suggest that Numusix approved their use of the Downloaded Content.

Unless otherwise indicated on the Site and absent any written consent, Numusix and the Artists retain all rights, titles and interests relating to the Downloaded Content (except for abovementioned limited license).

11. Content of the Site

Except for the Contributions, all other content available on the Site, including, but not limited to, texts, scripts, graphics, pictures, sounds, music, videos and interactive functions displayed on the Site (the " Contents of the Site ") is the property of Numusix or has been granted to Numusix by way of a license. This content is protected by copyrights, trademark rights and other intellectual property rights held by Numusix, its licensors or assignors. All third-party owned trademarks displayed on the Site are trademarks held by their respective owners.

The Contents of the Site may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or used in any other way and for any purpose without the prior written consent of Numusix, its licensors or its assignors. Numusix reserves all rights to the Contents of the Site that have not expressly been conceded.

12. Violation

Numusix acts solely as an intermediary between the Users and the Artists. Numusix has no influence whatsoever on the contents of musical files uploaded by the Artists or on any other Contributions uploaded by the Users.

With respect to the use of the Site and the uploading or downloading of Contributions, Users shall not :

  • use the Site to diffuse texts, including song lyrics, photographs or any other material that is or may reasonably be considered as pornographic, obscene, humiliating, racist, discriminatory or simply immoral;
  • infringe copyrights, distribution rights or any other third-party property right;
  • provide false or misleading information;
  • communicate to anyone the password related to their profile or use one another Users password. Numusix shall not be responsible for any loss incurred by a User including, without limitation, the use of his profile as a result of the bad use of his password; and
  • perform, omit to perform or try to perform any action that may interfere with the operations of the Site or that is contrary to any provision of this Contract.

Any User who witnesses the presence of uploaded files that infringe a copyright or that violate the terms and conditions of this Contract has the duty to inform Numusix of such infringement or violation at copyright@numusix.com or by calling an Numusixs representative at (514) 254-0770 or by writing at :

Numusix, inc.
5570, Cartier Street
Montreal (Quebec) H2H 1X9

Notification of copyright infringement

To notify Numusix of any copyright infringement, you must send a written notice to Numusix containing the following information :

  • identification of the material that is allegedly violated or that is subject to violation and that must be removed or to which access needs to be removed, or any information reasonably sufficient to allow Numusix to identify said material;
  • any information reasonably sufficient to allow Numusix to contact you, such as your address, your phone number and, if available, your email address;
  • a declaration stating that you believe, in all good faith, that the use of the material is not authorized by law or by the owner or the manager of the copyrights;
  • a declaration stating that the information contained in the notice is true and, subject to perjury, that you are authorized to act on behalf of the owner of the exclusive copyright that has allegedly been violated; and
  • a physical or electronic signature of a person authorized to act on behalf of the exclusive owner of the copyright that has allegedly been violated.

Notification of contestation

To send a notice of contestation when you have witnessed the presence of material uploaded in violation of the terms and conditions of this Contract, you must send the following information to Numusix :

  • identification of the material that allegedly violates the terms and conditions of this Contract and that must be removed or to which access needs to be removed, or any information reasonably sufficient to allow Numusix to identify said material;
  • an explanation as to how and why the material violates the terms and conditions of the Site.

Numusix reserves the right to remove any content of the Site if it was informed and/or if it has reasonable reasons to believe that same violates third-party rights or the terms and conditions of the Contract.

13. Contract coming into effect

The Contract will come into effect as soon as you will have confirmed your acceptance of the terms and conditions by clicking on " I AGREE ".

14. Termination of the contract

Numusix or a User may terminate this Contract, at its sole discretion and at any time, by providing the other party a notice by e-mail. In such event, no indemnity shall be asked or payable by or to anyone.

Numusix may terminate any profile, remove Contributions from the Site and take all required technical and legal measures to restrict access to the Site to certain Users if Numusix considers that their behaviour is incompatible with the terms and conditions of the Site.

If your account remains inactive for a period of 365 days or more, Numusix shall be authorized to delete it, at its sole discretion.

If the Contract is terminated, the User shall remain indebted towards Numusix for all amounts left unpaid, up to and including the termination date.

All Commissions accrued during the period of the Contract and that remain unpaid shall be paid to the Artist on the last day of the trimester in which the termination notice was given. However, if according to Numusix, the Artist violates any of the terms or conditions of this Contract, his profile shall immediately be deleted and no Commission shall be paid.

15. Hypertext links

The Site may provide hypertext links to other websites by allowing Users to leave the Site and accessing third-party sites. Numusix may not alter, update or control the contents of these Internet sites that are linked to the Site through hypertext or otherwise. Numusix is not responsible for and does not approve the contents of these Internet sites or the products and services that they may offer.

16. Exclusion of warranty

Numusix DOES NOT GUARANTEE OR MAKE ANY DECLARATION CONCERNING THE QUALITY OR THE LEGALITY OF THE PRESENTED PRODUCTS (FOR INSTANCE, IN THE " CLASSIFIED ADS " SECTION), THE VALIDITY OR THE ACCURACY OF THE DESCRIPTIONS, OR ON THE SELLERS ABILITY TO SELL THE GOODS OR ON THE BUYERS ABILITY TO BUY THEM. IT IS THE BUYERS AND SELLERS JOINT RESPONSIBILITY TO COMPLETE ALL TRANSACTIONS AND, IN CASE OF A DISPUTE BETWEEN THE USERS, Numusix SHALL BE RELEASED OF ANY CLAIM OR DEMAND AND OF ALL DAMAGE THAT MIGHT RESULT FROM SUCH DISPUTE OR THAT MAY RELATE TO IT IN ANY WAY.

WHEN USING NumusixS INTERNET SITE, INCLUDING MUSICAL FILES, OTHER CONTRIBUTIONS AND INFORMATION DISPLAYED ON THE SITE, YOU AGREE TO DO SO AT YOUR OWN RISK. THE SITE, THE MUSICAL FILES, THE OTHER CONTRIBUTIONS AND THE INFORMATION DISPLAYED ARE PROVIDED " AS IS " WITHOUT DECLARATION OR WARRANTY OF ANY KIND, EXPRESS, LEGAL OR IMPLICIT, AND Numusix HEREBY DISOWNS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO, INCLUDING ALL IMPLICIT REPRESENTATIONS AND WARRANTIES RELATING TO QUALITY, ADAPTATION TO ANOTHER SPECIFIC USAGE, OWNERSHIP AND COUNTERFEIT. ARE ALSO DISOWNED ALL LEGAL AND USUAL COMMERCIAL DECLARATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Numusix DOES NOT GUARANTEE THAT THE SITE SHALL CONTINUE TO FUNCTION, OPERATE WITHOUT INTERRUPTION OR BE EXEMPT OF ERROR. Numusix MAKES NO REPRESENTATION CONCERNING THE INFORMATION OR THE POSSIBLE RESULTS OCCURRING FROM THE USE OF THE INFORMATION, THE MUSICAL FILES AND THE OTHER CONTRIBUTIONS OFFERED ON THIS SITE, WHETHER REGARDING THEIR RELIABILITY, THEIR EXACTITUDE OR THEIR ACCURACY.

Numusix DOES NOT GUARANTEE, NOR DECLARE, THAT THE SITE, THE MUSICAL FILES, THE INFORMATION AND THE OTHER CONTRIBUTIONS IT CONTAINS WILL BE FREE OF ANY LOSS, DAMAGE, ATTACKS, VIRUSES, INTERFERENCES, HACKING OR OTHER SECURITY VIOLATION AND Numusix HEREBY DECLINES ANY LIABILITY THAT MIGHT ARISE AS A RESULT THEREOF. IT IS YOUR RESPONSIBILITY TO SAFEGUARD YOUR OWN SYSTEM, INCLUDING ALL MUSICAL FILES PURCHASED ON THIS SITE AND STORED ON YOUR SYSTEM.

17. Limited liability

SUBJECT TO MANDATORY LEGAL PROVISIONS, Numusix SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING, IN PARTICULAR, INDIRECT DAMAGES ATTRIBUTABLE TO THE USE OF THE SITE, OF THE MUSICAL FILES, OF THE OTHER CONTRIBUTIONS AND OF THE INFORMATION PROVIDED ON THE SITE, OR FROM THE USE OF ANY OTHER HYPERTEXT-LINKED SITE, INCLUDING, IN PARTICULAR, DAMAGES RELATING TO COMMERCIAL PREJUDICE, LOSS OF INFORMATION, PROGRAMS OR DATA, LOSS OF PROFIT AND REVENUES, REGARDLESS OF WHETHER Numusix IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Governing law

The terms and conditions of this Contract are governed by the laws of the Province of Qubec. You agree and hereby submit to the exclusive jurisdiction of the Courts of the Province of Qubec with respect to all matters relating to the interpretation, the application or the execution of the terms and conditions, and to the usage of Numusixs website.

19. Reimbursement policy

10 days.

20. Confidentiality policy

In accordance with the Personal Information Protection and Electronic Documents Act, Numusix has created a confidentiality policy and has designated a person in charge of privacy within the company in order to ensure that the personal information of the clients, artists and participants is safeguarded and treated with integrity.

Numusix owns multiple services and business models that require that our clients, artists and participants provide personal information. The nature of the required information varies from one service to another. The following list of business models identifies the kind of information required to do business with Numusix :

  • Sell music (musix) / Buy music (musix) / Place ads / Contact buyer / Contact seller / Contact this artist
  • Your name, address and telephone number
  • Email address
  • Credit Card number
  • Information on your vehicle
  • Details of your vehicle

Numusix can use the information above to offer products or services that may be required by the client or the artist. Your personal information will be shared only with your consent and in accordance with your instructions concerning the required products and services.