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TERMS OF SERVICE

In these Terms of Service, “you” refers to the person accessing or using the Merritt Broadcasting Ltd. (“Company”) websites ( www.q101.ca ).

Acceptance of Terms through Use
By using the Site, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Service“) and the Privacy Policy Statement (“Privacy Policy“), published on the site of each of the noted radio stations listed above. This “Agreement”, and all of these terms will govern your use of any of the sites. We reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Service, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms of Service and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms of Service. If you do not agree to the terms of this or any revised policy, exit the Site immediately.

Links to Third Party Sites & Services
Merritt Broadcasting Ltd. station websites contain links to and from sites operated by third parties. Merritt Broadcasting Ltd. makes no representations whatsoever about any third party content (including but not limited to opinions, advice, statements, warranties or representations) that you may access from the Site or about any web site from which you may access the Site and/or which may be linked to this Site, including but not limited to by way of streaming content. We provide third party content and links only as a courtesy to our users, and such links and/or content do not imply our endorsement of any linked site/content. The linked sites and content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review the streaming provider’s and the linked site’s use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site. By using the Site, you expressly relieve Company from any and all liability arising from your use of any third party website(s).

In-App Calls, Texts or Emails
The App contains software suitable for mobile devices that allows its users to send and receive phone calls, emails, text messages and other data exchanges, on a user-to-Station basis (“In-App Service”). Such In-App Service may be subject to additional costs, fees and/or roaming charges at rates determined by your mobile carrier, depending on the plan you have selected from your local carrier. By using or accessing the in-App Service, you expressly relieve Company from any and all liability arising from any such costs, fees and/or roaming charges. If you use or access the in-App Service, you agree: (a) to only send messages to the Station;

(b) to comply all applicable laws and regulations;

© not to send content that is hateful, pornographic, libelous, defamatory, threatening or incites violence toward individuals or groups;

(d) not to transmit any content containing spam, viruses, worms, malware, Trojan horses or other harmful content; and

(e) complies with any carrier agreements and terms associated with your mobile device.

Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it or its Licensors are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Merritt Broadcasting Ltd., or our licensors or Merritt Broadcasting Ltd. has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, Merritt Broadcasting Ltd. The use or misuse of any of these materials is strictly prohibited. Merritt Broadcasting Ltd., our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Company does not grant any license to you by virtue of this Agreement of these intellectual property rights, except for the limited right to use the Site in accordance with this Agreement. Any product and/or trade names that are mentioned on the Site or are provided as part of the Services may be trademarks of their respective owners. Company reserves all rights that are not expressly granted to you in this Agreement. Company’s licensors retain exclusive ownership of all data, material, text, software, scripts, graphics, photos, sounds, interactive features and the trademarks and logos contained therein (“IP“). The IP is owned by or licensed to Company, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content provided by Company is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company and/or the respective owners.

Lawful Use/Obligations
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Service and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree that you will not post or transmit through the Site any form of virus, worm, Trojan horse or other malicious code, or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, damage Company or other parties, or otherwise violate any law, or which, without Merritt Broadcasting Ltd. express prior approval, contains advertising or any solicitation with respect to products or services. You will not attempt to gain access to secured portions of the Site to which you do not possess access rights. You will not use any automatic or manual process to search or harvest information from the Site. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights, and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying any Merritt Broadcasting Ltd. website, or interferes in any way with the proper functioning of the Site, will not be permitted.

MEMBER CONDUCT

The Site has many features available for members to enjoy such as bulletin boards, interactive forums, contests, surveys, games and the ability for members to create their own personal profile to which they can publish information such as their interests, photos, recipes, etc. We do not control the messages, information or files delivered to the Site, unless otherwise noted therein, and we have no obligation to monitor the Site. Use of the Site is entirely at your own risk. However, we reserve the right at all times, subject only to our Privacy Policy located at on any of our Company websites, to disclose any information arising out of or relating to transmissions through the Site, including, without limitation, as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. You should assume that communications on the Site’s public forums are not confidential.

You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages (“Member Content“), whether publicly posted or privately transmitted, are the sole responsibility of member from whom such Member Content originated. You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site.

You acknowledge that we do not necessarily pre-screen Member Content, but that we and our designees have the right, but not the obligation, in our sole discretion to refuse to publish and/or remove any content and/or Member Content from the Site.

Without limitation, by using the Site you agree not to:

Publish, upload, post, email, or otherwise make available any content, as determined by us, that is harmful, threatening, abusive, stalking, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s safety, hateful, racially, ethnically or otherwise objectionable or unlawful, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law;

Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade-mark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

Collect or store any data about other users or third parties without their express written consent;

Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam;

Post or transmit any information, software or other material which contains a virus or other harmful component; or

Engage in any conduct that in our sole discretion restricts or inhibits any other user from using or enjoying the Site. Such conduct will not be permitted by you and we reserve the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever, subject to applicable laws.

User’s Grant of License
By posting or submitting content to the Site, including but not limited to any feedback you provide us, you grant Merritt Broadcasting Ltd. and its worldwide licensees or assignees a perpetual, non-exclusive and royalty-free license to use, reproduce, display, perform, adapt, edit, modify, distribute and promote the content in any form, anywhere and for any purpose, provided the same adheres with our Privacy Policy. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party, including, but not limited to, any privacy, publicity, copyright, trade-mark or trade secret rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Company. Merritt Broadcasting Ltd. shall retain the right, but not the obligation, to monitor, edit or otherwise change your posting or other content, submitted to the Site, without your permission. You further represent and warrant that you are the age of majority in your province of residence, or possess custodial parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; you will abide and comply with these Terms of Service; you will provide accurate information when creating an account; you are solely responsible for your User ID and the activity that occurs while signed in, including any content submissions, such as discussion posts, profile information, links, pictures, and other such content.

DISCLAIMER OF WARRANTIES:
You expressly agree that all materials, information, software, products, and services included in or available through the site (the “Content”) are provided “as is” and “as available” for your use and that you use this site and any content you choose to download at your sole risk. Merritt Broadcasting Ltd.. and/or its suppliers do not in any way warrant, either expressly or by implication, including, but not limited to, warranties of title, non-infringement or implies warranties or merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither company nor its parent or affiliate companies, nor their respective employees, officers, directors, shareholders, agents, consultants, contractors or licensors, make any warranty that the content of the site or any service or merchandise provided through it, is accurate, reliable or correct; that the site or any linked site, will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site. Company makes no warranties as to privacy and security other than as expressly stated in the Privacy Policy or as required by law. Company does not guarantee that you will be able to access or use the site or services at times or locations of your choosing. No oral or written information or advice given by a Company representative shall create a warranty. You may have additional consumer rights under your laws that this contract cannot change.

Limitation of Liability
Under no circumstances shall Merritt Broadcasting Ltd., it’s employees, officers, directors, shareholders, agents, consultants, contractors or licensors, be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of unauthorized access to, alteration of, or use of record, and the risk of any injury from the foregoing rests entirely with you. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis including defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion of limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification
You agree to defend, indemnify, and hold Merritt Broadcasting Ltd. and each of its respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims, damages, costs or debt and expenses, including attorney’s fees, that arise from
(i) your use or misuse of the Site, including without limitation your violation of the Terms of Service herein;
(ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iii) any claim that any Content submitted by you causes damage to a third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Monitoring Content
Merritt Broadcasting Ltd.shall have the right, but not the obligation, to monitor, edit, refuse to post and/or remove any content on or from the Site, in whole or in part, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Merritt Broadcasting Ltd. and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Merritt Broadcasting Ltd. shall have the right to remove any person from the Site whom, in our sole discretion, it finds to be in violation of the provisions hereof or otherwise behaving in an offensive or objectionable manner. Notwithstanding the foregoing, Merritt Broadcasting Ltd. is not responsible for the content that you or any user posts on any forum on the Site and your reliance on any such content is solely at your own risk.

Local Laws
By choosing to access the Site from any location other than the Province of British Columbia, you accept full responsibility for compliance with all local and federal laws that are applicable. Merritt Broadcasting Ltd. makes no representation that materials on the Site are appropriate or available for use in locations outside such Province, and accessing them from territories where their contents are illegal is prohibited.

Security and Privacy and Non-Confidentiality
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. As part of its Privacy Policy, Merritt Broadcasting Ltd. provides some suggestions for how users may better protect their security and Privacy Policy section of any of the Company websites. These suggestions are provided as a recommendation only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

For contractual purposes, you agree that all Terms of Service, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement, such as Canadian anti-spam laws, and that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You consent to Company and/or its contractors or agents using your Information for the Purposes. You may withdraw this consent at anytime. Any communications between you and Company, such as email, phone calls, SMS or other correspondence, in which you offer suggestions, comments or ideas for improving or modifying the Site will be deemed to be non-confidential and non-proprietary and you agree that such information, with the exception of the Information, may be used by Company without any limitation whatsoever. You grant to Company and its affiliates a royalty-free license to use any such comments, suggestions or ideas in any manner or media, globally, forever, without any obligation to you. This includes the right to use any ideas you submit (including ideas about our Site or advertising campaigns) in any manner that Company chooses, without any obligation to you.

Choice of Law
These Terms of Service shall be construed in accordance with the laws of the Province of British Columbia and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service or your use of the Site (including non-contractual disputes or claims) shall be filed only in the courts of the Province of British Columbia or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability
These Terms of Service and our Privacy Policy posted on each of the radio station websites and any other legal notices published by Company on the Site shall constitute the entire agreement between Merritt Broadcasting Ltd. and you with respect to the subject matter herein and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Service is determined to be invalid or unenforceable, that portion will be construed consistent with applicable law and all other provisions shall remain in full force and effect.

Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Merritt Broadcasting Ltd. reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.

Privacy and Disclosure
You have read and accept the terms of our Privacy Policy located on each of the radio station websites.

The section headings used herein are for convenience only and shall not be given any legal import.

(“Company”) websites ( www.q101.ca ).

Acceptance of Terms through Use
By using the Site, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Service“) and the Privacy Policy Statement (“Privacy Policy“), published on the site of each of the noted radio stations listed above. This “Agreement”, and all of these terms will govern your use of any of the sites. We reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Service, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms of Service and your continued use of the Site indicates your agreement to the revised terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms of Service. If you do not agree to the terms of this or any revised policy, exit the Site immediately.

Links to Third Party Sites & Services
Merritt Broadcasting Ltd. station websites contain links to and from sites operated by third parties. Merritt Broadcasting Ltd. makes no representations whatsoever about any third party content (including but not limited to opinions, advice, statements, warranties or representations) that you may access from the Site or about any web site from which you may access the Site and/or which may be linked to this Site, including but not limited to by way of streaming content. We provide third party content and links only as a courtesy to our users, and such links and/or content do not imply our endorsement of any linked site/content. The linked sites and content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from that site. Our Privacy Policy is only applicable when you are on this Site. Please review the streaming provider’s and the linked site’s use agreements and privacy policies, and if you do not agree to be bound by the terms, we recommend that you terminate your use of that service or your visit to the site. By using the Site, you expressly relieve Company from any and all liability arising from your use of any third party website(s).

In-App Calls, Texts or Emails
The App contains software suitable for mobile devices that allows its users to send and receive phone calls, emails, text messages and other data exchanges, on a user-to-Station basis (“In-App Service”). Such In-App Service may be subject to additional costs, fees and/or roaming charges at rates determined by your mobile carrier, depending on the plan you have selected from your local carrier. By using or accessing the in-App Service, you expressly relieve Company from any and all liability arising from any such costs, fees and/or roaming charges. If you use or access the in-App Service, you agree: (a) to only send messages to the Station;

(b) to comply all applicable laws and regulations;

© not to send content that is hateful, pornographic, libelous, defamatory, threatening or incites violence toward individuals or groups;

(d) not to transmit any content containing spam, viruses, worms, malware, Trojan horses or other harmful content; and

(e) complies with any carrier agreements and terms associated with your mobile device.

Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it or its Licensors are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Merritt Broadcasting Ltd., or our licensors or Merritt Broadcasting Ltd. has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, Merritt Broadcasting Ltd. The use or misuse of any of these materials is strictly prohibited. Merritt Broadcasting Ltd., our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Company does not grant any license to you by virtue of this Agreement of these intellectual property rights, except for the limited right to use the Site in accordance with this Agreement. Any product and/or trade names that are mentioned on the Site or are provided as part of the Services may be trademarks of their respective owners. Company reserves all rights that are not expressly granted to you in this Agreement. Company’s licensors retain exclusive ownership of all data, material, text, software, scripts, graphics, photos, sounds, interactive features and the trademarks and logos contained therein (“IP“). The IP is owned by or licensed to Company, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content provided by Company is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company and/or the respective owners.

Lawful Use/Obligations
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Service and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree that you will not post or transmit through the Site any form of virus, worm, Trojan horse or other malicious code, or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, damage Company or other parties, or otherwise violate any law, or which, without Merritt Broadcasting Ltd.’s express prior approval, contains advertising or any solicitation with respect to products or services. You will not attempt to gain access to secured portions of the Site to which you do not possess access rights. You will not use any automatic or manual process to search or harvest information from the Site. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights, and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying any Merritt Broadcasting Ltd. website, or interferes in any way with the proper functioning of the Site, will not be permitted.

MEMBER CONDUCT

The Site has many features available for members to enjoy such as bulletin boards, interactive forums, contests, surveys, games and the ability for members to create their own personal profile to which they can publish information such as their interests, photos, recipes, etc. We do not control the messages, information or files delivered to the Site, unless otherwise noted therein, and we have no obligation to monitor the Site. Use of the Site is entirely at your own risk. However, we reserve the right at all times, subject only to our Privacy Policy located at on any of our Company websites, to disclose any information arising out of or relating to transmissions through the Site, including, without limitation, as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. You should assume that communications on the Site’s public forums are not confidential.

You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages (“Member Content“), whether publicly posted or privately transmitted, are the sole responsibility of member from whom such Member Content originated. You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site.

You acknowledge that we do not necessarily pre-screen Member Content, but that we and our designees have the right, but not the obligation, in our sole discretion to refuse to publish and/or remove any content and/or Member Content from the Site.

Without limitation, by using the Site you agree not to:

Publish, upload, post, email, or otherwise make available any content, as determined by us, that is harmful, threatening, abusive, stalking, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s safety, hateful, racially, ethnically or otherwise objectionable or unlawful, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law;

Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade-mark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

Collect or store any data about other users or third parties without their express written consent;

Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam;

Post or transmit any information, software or other material which contains a virus or other harmful component; or

Engage in any conduct that in our sole discretion restricts or inhibits any other user from using or enjoying the Site. Such conduct will not be permitted by you and we reserve the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever, subject to applicable laws.

User’s Grant of License
By posting or submitting content to the Site, including but not limited to any feedback you provide us, you grant Merritt Broadcasting Ltd. and its worldwide licensees or assignees a perpetual, non-exclusive and royalty-free license to use, reproduce, display, perform, adapt, edit, modify, distribute and promote the content in any form, anywhere and for any purpose, provided the same adheres with our Privacy Policy. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party, including, but not limited to, any privacy, publicity, copyright, trade-mark or trade secret rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content to Company. Merritt Broadcasting Ltd. shall retain the right, but not the obligation, to monitor, edit or otherwise change your posting or other content, submitted to the Site, without your permission. You further represent and warrant that you are the age of majority in your province of residence, or possess custodial parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; you will abide and comply with these Terms of Service; you will provide accurate information when creating an account; you are solely responsible for your User ID and the activity that occurs while signed in, including any content submissions, such as discussion posts, profile information, links, pictures, and other such content.

DISCLAIMER OF WARRANTIES:
You expressly agree that all materials, information, software, products, and services included in or available through the site (the “Content”) are provided “as is” and “as available” for your use and that you use this site and any content you choose to download at your sole risk. Merritt Broadcasting Ltd. and/or its suppliers do not in any way warrant, either expressly or by implication, including, but not limited to, warranties of title, non-infringement or implies warranties or merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither company nor its parent or affiliate companies, nor their respective employees, officers, directors, shareholders, agents, consultants, contractors or licensors, make any warranty that the content of the site or any service or merchandise provided through it, is accurate, reliable or correct; that the site or any linked site, will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site. Company makes no warranties as to privacy and security other than as expressly stated in the Privacy Policy or as required by law. Company does not guarantee that you will be able to access or use the site or services at times or locations of your choosing. No oral or written information or advice given by a Company representative shall create a warranty. You may have additional consumer rights under your laws that this contract cannot change.

Limitation of Liability
Under no circumstances shall Merritt Broadcasting Ltd., it’s employees, officers, directors, shareholders, agents, consultants, contractors or licensors, be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of unauthorized access to, alteration of, or use of record, and the risk of any injury from the foregoing rests entirely with you. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis including defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion of limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification
You agree to defend, indemnify, and hold Merritt Broadcasting Ltd. and each of its respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims, damages, costs or debt and expenses, including attorney’s fees, that arise from
(i) your use or misuse of the Site, including without limitation your violation of the Terms of Service herein;
(ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iii) any claim that any Content submitted by you causes damage to a third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.

Monitoring Content
Merritt Broadcasting Ltd. shall have the right, but not the obligation, to monitor, edit, refuse to post and/or remove any content on or from the Site, in whole or in part, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Merritt Broadcasting Ltd. and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Merritt Broadcasting Ltd. shall have the right to remove any person from the Site whom, in our sole discretion, it finds to be in violation of the provisions hereof or otherwise behaving in an offensive or objectionable manner. Notwithstanding the foregoing, Merritt Broadcasting Ltd. is not responsible for the content that you or any user posts on any forum on the Site and your reliance on any such content is solely at your own risk.

Local Laws
By choosing to access the Site from any location other than the Province of British Columbia, you accept full responsibility for compliance with all local and federal laws that are applicable. Merritt Broadcasting Ltd. makes no representation that materials on the Site are appropriate or available for use in locations outside such Province, and accessing them from territories where their contents are illegal is prohibited.

Security and Privacy and Non-Confidentiality
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. As part of its Privacy Policy, Merritt Broadcasting Ltd. provides some suggestions for how users may better protect their security and Privacy Policy section of any of the Company websites. These suggestions are provided as a recommendation only, and it is up to the user to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.

For contractual purposes, you agree that all Terms of Service, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement, such as Canadian anti-spam laws, and that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You consent to Company and/or its contractors or agents using your Information for the Purposes. You may withdraw this consent at anytime. Any communications between you and Company, such as email, phone calls, SMS or other correspondence, in which you offer suggestions, comments or ideas for improving or modifying the Site will be deemed to be non-confidential and non-proprietary and you agree that such information, with the exception of the Information, may be used by Company without any limitation whatsoever. You grant to Company and its affiliates a royalty-free license to use any such comments, suggestions or ideas in any manner or media, globally, forever, without any obligation to you. This includes the right to use any ideas you submit (including ideas about our Site or advertising campaigns) in any manner that Company chooses, without any obligation to you.

Choice of Law
These Terms of Service shall be construed in accordance with the laws of the Province of British Columbia and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service or your use of the Site (including non-contractual disputes or claims) shall be filed only in the courts of the Province of British Columbia or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability
These Terms of Service and our Privacy Policy posted on each of the radio station websites and any other legal notices published by Company on the Site shall constitute the entire agreement between Merritt Broadcasting Ltd. and you with respect to the subject matter herein and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Service is determined to be invalid or unenforceable, that portion will be construed consistent with applicable law and all other provisions shall remain in full force and effect.

Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. Merritt Broadcasting Ltd. reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.

Privacy and Disclosure
You have read and accept the terms of our Privacy Policy located on each of the radio station websites.

The section headings used herein are for convenience only and shall not be given any legal import.

Merritt Broadcasting Ltd. Privacy Policy

In this Privacy Policy, “you” refers to the person accessing or using the website(s) located at http://www.q101.ca.

Merritt Broadcasting Ltd. and it’s group of stations respects your privacy, and intends to serve you on the Internet with honesty, accountability and adherence to legal standards. We are sensitive to the issue of protecting privacy and have structured our online activities to maximize your control over the disclosure of your own Personal Information. The websites listed above are for information purposes only, and the Privacy Policy outlined here has been adopted by each of the websites.

The Merritt Broadcasting Ltd.. Privacy Policy Statement supplements our general Terms of Service, which we urge you to read. By using the Site, you agree to be bound by the terms of this Privacy Policy and by the Terms of Service. The Privacy Policy may be revised from time to time, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we suggest you check the terms and conditions of this Privacy Policy from time to time to keep informed of such amendments, and, if you do not agree to the terms of this or any revised policy, please do not register as a user or deregister as a user and exit the Site immediately.

Privacy of Children

Merritt Broadcasting Ltd. encourages parents and guardians to be aware of and participate in their children’s online activities. Minors (persons under the age of majority in their province or territory of residence) should not use the Site unsupervised and we ask that you do not allow your child to submit any personal information. Merritt Broadcasting Ltd. will request permission from a parent or legal guardian before collecting, using or disclosing any personally identifiable information about a child (e.g., for participation in contests and promotions) less than 13 years of age.

For more information regarding marketing to children, please visit the Canadian Marketing Association’s Special Considerations in Marketing to Children guidelines, part of the CMA’s Code of Ethics and Standards of Practice.

Types of Information Collected

Merritt Broadcasting Ltd. may collect two types of information: Personal Information and aggregated information. Personal information is information that identifies you, and may include information such as your name, site user name, address, postal code, telephone number, mobile number, SMS, e-mail address, age, marital status, income level, education level, intentions, preferences and opinions (“Personal Information”). Merritt Broadcasting Ltd.. does not collect Personal Information about an individual except when individuals provide such specific information on a voluntary basis. Aggregated information may include information that is anonymous such as the type of browser you are using or other information that cannot identify you as an individual.

We may also collect information about you from a social network site where you have logged into the Site using your social network ID, in order to provide you with a more personalized experience.

If you correspond with us via e-mail, or provide any “feedback” via the Site, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through the Site or the social network through which you have logged on to the Site (such as in an invitation, or when sharing your content).

Why is the Information Collected?

In order to access some specific features of the Site, you may be required to register or otherwise voluntarily provide Personal Information. For example, registration is needed to enter certain contests and better serve your specific interests. You may choose not to provide the personal information, but this may lead to decreased functionality of the Site for you and will prevent us from providing you with certain products or services. However, you can still access and visit many of the Site’s features. We also may request you to voluntarily provide Personal Information that is not required to access features of the Site. This information enablesMerritt Broadcasting Ltd. to make general improvements to the Site, ensures that content standards of these sections are rigorously upheld, enables us to contact the prize winners and better serve your specific interests.

Merritt Broadcasting Ltd. may transparently collect aggregate information, which does not identify you as an individual, through the use of cookies or by other means. We use this information to assess general usage patterns, including identifying repeat users, collect demographic information, administer and make improvements to the Site to tailor our visitors’ experiences at the Site and display content according to their preferences so as to make it more useful to you and other users. Merritt Broadcasting Ltd. and our business partners, reserve the right to use, maintain, update, disclose and/or sell aggregated information to third parties.

What We Will and Will Not Do With The Information You Provide

Merritt Broadcasting Ltd. may use information generally to compile statistical data, keep in contact with users and provide them with a better interactive experience. Merritt Broadcasting Ltd.may use your Personal Information specifically for the following purposes:

(i) To improve the content of our Site;
(ii) To personalize and/or customize the content and/or layout of our Site for each individual visitor;
(iii) To identify our visitors’ preferences;
(iv) To keep you informed about product and services (both ours and third parties’) in which you have expressed an interest and have provided consented through an opt-in method;
(v) To establish your eligibility for special offers and discounts;
(vi) To complete business transactions;
(vii) If you have expressed an interest and have provided consented through an opt-in method, to contact you as part of a promotion;
(viii) To allow you to make a posting on the Site;
(ix) To administer individual accounts;
(x) To provide customer support;
(xi) To meet legal requirements;
(xii) To provide Internet security; and/or
(xiii) To analyze the collected information.
If you have entered and won a station contest(s), and if prior consent to this disclosure is obtained at the time the contest is entered, NL Broadcasting Ltd. and / or its sponsors may publish your name and city of residence.

In the event that we sell a substantial portion of our business assets, our customer information may be among the transferred assets. In such event, the purchaser will inherit the confidentiality obligations posted herein.

Merritt Broadcasting Ltd.works closely with a number of parties who may perform functions on our behalf, including fulfilling orders, providing music streaming services or other third party content, providing promotional materials to our users, sending e-mail, managing, compiling and processing data, processing credit card payments or providing customer service. Data may be processed outside Canada or in the cloud. We do not disclose your Personal Information to these parties except to the extent necessary to enable them to provide the specific services to you or on your behalf. Other than for the specific purposes set forth in this Privacy Policy Statement, we will not disclose your Personal Information to any third parties unless we obtain your prior consent or are legally compelled to do so or where such disclosure is required to protect and defend the rights or property of us, you or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein. In addition, we will not contact you without your permission except as specified above or in connection with the registration process.

On the Site, you will be given the opportunity to opt in to receiving e-mails, promotional and/or marketing information about other products, services and offerings from Merritt Broadcasting Ltd. and/or any third parties or other information from Merritt Broadcasting Ltd.

Third Party Advertising

We may, at times, use third-party advertising companies to serve ads when you visit the Site. These companies may use non-personally identifiable aggregated information we compile about your visits to this Site in order to provide advertisements on this Site about goods and services that may be of interest to you. Neither Merritt Broadcasting Ltd., nor any third parties, will make any attempt to link this anonymous aggregated traffic and other information to the individual visiting our Site. Except as otherwise detailed in this Privacy Policy, information that personally identifies you will be kept strictly confidential. Any third party promotions and offers will only be made available through us on behalf of the third parties.

Cookies

When you visit the Site, a third-party advertiser, or we may store or recognize some information on your computer in the form of a “cookie” or similar file. “Cookies” are small text files that identify an individual computer’s browser entering the Site. They do not pose a security threat to you. No personal information is stored within the cookies. For example, cookies allow us to track a browser’s movement through the Site over several sessions. Through cookies, the Site can recognize repeat visitors, facilitate the visitor’s access to and use of the Site and allows the Site to track usage behavior that will allow content improvement and enable us to tailor our Site to better match your interests and preferences. If you do not want cookies placed on your computer, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Most Internet browsers or other software will allow you to do this. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Site may be severely limited, and you may not be able to take advantage of many of the Site’s best features.

Social Media Scrolls

If the Site features a Facebook, Twitter, or other social media scroll, you should be aware that any personal information you post becomes public information and may be viewed, collected and used by any visitor to the Site, and may expose you to unsolicited messages. This is beyond our control. Merritt Broadcasting Ltd. strongly recommends that you do not post private information about yourself or other individuals.

Linking To Business Partners’ and Third Party Content And/Or Websites

The Site provides on-line multi-media or music streaming and other third party content. We are not responsible for any such third party content, communications or music that you may access through the Site or any fees, costs or roaming charges from your mobile carrier. The Site also contains links from and to sites operated by our business partners and other independent third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site’s and third party content provider’s privacy policies, and if you do not agree to be bound by the terms of the policies governing that provider/site, terminate your use of that service or your visit to the site. The linked sites are not under our influence or control, and we are not responsible for the privacy policies and practices or the content of the sites operated by our business partners or other third parties or the privacy policies and practices or contents of any linked site or subsequent links from that site.

Security Of Your Information

Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain, including contracts with third parties that manage the information provided by you.

Termination

Without limiting the foregoing, Merritt Broadcasting Ltd. shall have the right to immediately terminate your access to this Site in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this Privacy Policy and/or our Terms of Service.

Deleting Information

Merritt Broadcasting Ltd. has the right, but not the obligation, to remove any and all information uploaded to the site in its solo discretion, or as required by law.

Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your personal information. We will collect any information contained in such feedback and will treat the personal information in it in accordance with this Privacy Policy. You agree that any such comments and any emails we receive become our property. We may use feedback for marketing purposes or to add to or modify our services without paying any compensation to you.

Questions/Concerns?
If you have any concerns about privacy procedures at our Site, or to find out further details about how your personal information may be used, write us at:

Merritt Broadcasting Ltd.,

2196 Quilchena Avenue. PO Box 1630

Merritt, B.C. V1K 1B8

Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.

Office of the Privacy Commissioner of Canada

The Office of the Privacy Commissioner of Canada oversees our personal information handling practices. If any privacy concerns are not addressed to your satisfaction you may contact the Office of the Privacy Commissioner of Canada for further guidance:

Phone: 1 – 800 – 282 – 1376 or 613 – 995 – 8210

Fax: 613 – 947 – 6850

E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Website: www.privcom.gc.ca