TERMS OF USE

General

THE KOOTENAYENTERTAINMENT.COM ("KOOTENAYENTERTAINMENT.COM") INTERNET WEB SITE TERMS OF USE

Our goal at KOOTENAYENTERTAINMENT.COM is to make it as easy as possible for you to communicate and share your events with everyone in the Kootenays. As a user, we need to have you agree to abide by the following terms and conditions ("Terms"). This is how we build a great community. When you submit your content to KOOTENAYENTERTAINMENT.COM, you still own the content that you created; however, you are just giving us the right to use it on our Site and Services (both defined below) as set forth below in more detail and allowing other users to view and share it with each other. The Terms set forth below govern your use of this Site on the world wide web and any KOOTENAYENTERTAINMENT.COM services and/or wireless mobile applications, web plug-ins, desktop, mobile web site, text messaging, SMS, MMS, and other services that enable you to upload, view, use and share content and transmit it to and from any "Connected Device" which includes, but is not limited to, a mobile phone, PDA, computer, camera, television, and DVR (collectively, the "Services"). These Terms apply to all users of this Site and/or the Services. These Terms are a legal contract between you and KOOTENAYENTERTAINMENT.COM. ("we", "us") and govern your access to, and use of the KOOTENAYENTERTAINMENT.COM website located at www.KOOTENAYENTERTAINMENT.COM.com (the "Site") and the Services regardless of the means of access (computer, mobile phone, etc.). If you do not agree with any of these Terms, do not access or otherwise use this Site and/or the Services or any information contained on the Site and do not upload or submit any content or submissions. Your use of this Site and/or the Services on this Site shall be deemed to be your agreement to abide by each of the Terms set forth herein.

KOOTENAYENTERTAINMENT.COM may make changes to the Services offered at any time without notice, and KOOTENAYENTERTAINMENT.COM can change these Terms at any time without notice by posting updated terms of use on the Site. Your continued use of the Site and/or the Services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes. Therefore, you should check the terms of use posted on the site periodically for updates and changes.

You represent, acknowledge and agree and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as KOOTENAYENTERTAINMENT.COM is not intended for children 13 and under. If you are 13 years of age or younger, then you cannot use KOOTENAYENTERTAINMENT.COM, but instead talk to your parents about the other great sites out there that are appropriate for you.

General Use Restrictions

KOOTENAYENTERTAINMENT.COM provides content and other services through the Site and/or the Services. Certain information, text, software, scripts, graphics, photos, illustrations, creative writing, artwork, sounds, music, videos, games, blogs, podcasts, interactive features, documents, products and services and other materials provided on and through the Site and/or the Services, including content, trademarks, logos, graphics and images that are not Submissions (as defined below) (together, the "Materials") are provided to you by KOOTENAYENTERTAINMENT.COM and are the copyrighted work of KOOTENAYENTERTAINMENT.COM or KOOTENAYENTERTAINMENT.COM's contributors.

KOOTENAYENTERTAINMENT.COM grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Services and the Site solely for your personal noncommercial use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.

Third Party Content

Certain information and content that are not Submissions may be provided by third party licensors and suppliers to KOOTENAYENTERTAINMENT.COM ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your Connected Device(s) solely for your personal noncommercial use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. KOOTENAYENTERTAINMENT.COM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Submissions

You acknowledge that you are responsible for the user profiles, content, text, software, scripts, graphics, photos, illustrations, creative writing, artwork, sounds, music, videos, games, podcasts, blogs, interactive features, information and other material that you submit (each a "Submission") on or through the Site, posting areas, emails, or the Services, and that you, and not KOOTENAYENTERTAINMENT.COM, have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the KOOTENAYENTERTAINMENT.COM Privacy Policy, you agree that any Submission provided by you in connection with this Site and/or the Services in public posting areas is provided on a non-proprietary and non-confidential basis. If you submit a Submission to the Site and/or the Services, you agree that KOOTENAYENTERTAINMENT.COM shall be free to use and disseminate the Submission on an unrestricted basis and that you grant KOOTENAYENTERTAINMENT.COM a non-exclusive, worldwide, fully-paid, royalty-free, perpetual and sub-licensable license to the Submission (in any media now known or not currently known or invented) to link to, utilize, use, copy, and prepare derivative works of the Submission, including, without limitation, promotional use. No Submission you submit shall be deemed confidential. However, KOOTENAYENTERTAINMENT.COM agrees to use your Submission in accordance with KOOTENAYENTERTAINMENT.COM's Privacy Policy applicable to personally identifiable information. You also grant each user of the Site and the Services a non-exclusive license to access your Submissions through the Site and the services and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Site and the Services and under these Terms. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO KOOTENAYENTERTAINMENT.COM, SUCH AS YOUR SUBMISSIONS.

You further agree that you will not upload, post or otherwise make available on the Site and/or the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.

Posting Etiquette and Community Rules

KOOTENAYENTERTAINMENT.COM asks that you respect our on-line community and other individuals. When posting Submissions to or otherwise using the Site and/or the Services, you agree not to:

* Use or post language or content that is false, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, off-topic, vulgar, obscene, libelous, hateful, racially, ethnically, or otherwise objectionable;
* Post pornographic material, sexually explicit images or video (actual or simulated) or solicit others to post similar material;
* Discuss or incite illegal activity;
* Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights, such as rights of privacy and publicity, of others;
* Solicit a member's password or other account information;
* Solicit personal information from anyone under 18 years of age;
* Transmit any content that harms minors in any way;
* Impersonate or represent KOOTENAYENTERTAINMENT.COM, our staff or any other individual;
* Harvest user names, addresses, or email addresses for any purpose other than to conduct KOOTENAYENTERTAINMENT.COM business;
* Use or transmit any code (i.e., robots, spiders, viruses, worms, Trojan horses) that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network;
* Use or transmit any code that would permit any third party to interfere with or access any KOOTENAYENTERTAINMENT.COM corporate or KOOTENAYENTERTAINMENT.COM user's personal information;
* Post any commercial messages, advertisements or solicitations of business without the prior written consent of KOOTENAYENTERTAINMENT.COM;

* Violate any applicable local, state, national or international law or regulations having the force of law.

This list of prohibitions is for example only and is not intended to be a complete or exclusive list. These prohibitions do not require KOOTENAYENTERTAINMENT.COM to monitor or remove any Submissions or other information submitted by you or any other user. You are solely responsible for your interactions with other users of the Site and/or the Services. KOOTENAYENTERTAINMENT.COM reserves the right, but has no obligation, to monitor disputes between you and other users. KOOTENAYENTERTAINMENT.COM reserves the right to terminate your access to your account or ability post to the Site or the Services with or without cause and with or without notice, or for any action that KOOTENAYENTERTAINMENT.COM determines, in its sole discretion, is inappropriate or disruptive to the Site, Services or to any other user of the Site and/or Services. KOOTENAYENTERTAINMENT.COM may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at KOOTENAYENTERTAINMENT.COM's discretion, KOOTENAYENTERTAINMENT.COM will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Pricing and Payments

You acknowledge that KOOTENAYENTERTAINMENT.COM reserves the right to charge for use of the KOOTENAYENTERTAINMENT.COM Site and /or Service and/or update its pricing policy at any time. If KOOTENAYENTERTAINMENT.COM decides to create a premium service, you will have the option to opt-in and pay for the service, or to cancel your account at no charge to you; however, if you subscribe and later discontinue your subscription you will not be refunded for any unused portion of any subscription fee.

Privacy Policy

Your use of the Site and/or the Services is governed by the KOOTENAYENTERTAINMENT.COM Privacy Policy, which is available at http://www.kootenayentertainment.com/privacy.php (the "Privacy Policy").

Advertising

While using KOOTENAYENTERTAINMENT.COM Site and/or Services, you may interact with and be redirected to third parties that are advertising their goods and/or services. Any such interaction between you and these third party advertisers is between you and that third party. KOOTENAYENTERTAINMENT.COM shall not be responsible or liable to you for your interaction with these third parties or for any promises, representations or warranties that they may make to you in solicitation for you to buy or use their products or services.

Press & Publicity Releases

You acknowledge and agree that KOOTENAYENTERTAINMENT.COM has the right to use your name, your company's name (if applicable), the names of anyone who appears in your Submissions, your Submissions, and/or the name or title of the Submissions in any press releases, marketing collateral, public or private events, press-related efforts, co-marketing, trade shows, product releases, sales trainings, or promotions that KOOTENAYENTERTAINMENT.COM conducts or participates in. You acknowledge and agree that KOOTENAYENTERTAINMENT.COM will not require any additional approval from you or anyone else involved in the Submissions or content creation.

Trademarks

KOOTENAYENTERTAINMENT.COM, and the KOOTENAYENTERTAINMENT.COM logo are trademarks of KOOTENAYENTERTAINMENT.COM, Inc. All rights reserved. All other trademarks, names and logos on this Site are property of their respective owners.

Copyright Notice

Unless otherwise specified, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of KOOTENAYENTERTAINMENT.COM, Copyright © KOOTENAYENTERTAINMENT.COM. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Copyrights and Copyright Agents

KOOTENAYENTERTAINMENT.COM respects the intellectual property of others, and we ask you to do the same. KOOTENAYENTERTAINMENT.COM may, in appropriate circumstances and at our discretion, terminate Services and/or access to the Site, the Services or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide KOOTENAYENTERTAINMENT.COM's copyright agent the following information:

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
* A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
* Identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
* Your address, telephone number, and email address;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

KOOTENAYENTERTAINMENT.COM's agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail:
Just Music
213 Cranbrook Street North
Cranbrook, British Columbia
Canada V1C 3R1

By phone:
250-426-2999

By email:
guide@kootenayentertainment.com

Disclaimer of Warranties

Your use of this Site and/or the Services is at your own risk. Neither the Materials nor the Third Party Content nor any Submissions have been verified or authenticated in whole or in part by KOOTENAYENTERTAINMENT.COM, and they may include inaccuracies or typographical errors. KOOTENAYENTERTAINMENT.COM does not warrant the accuracy of timeliness of the Materials or the Third Party Content or the Submissions contained on this Site. KOOTENAYENTERTAINMENT.COM has no liability for any errors or omissions in the Materials, the Third Party Content or the Submissions, whether provided by KOOTENAYENTERTAINMENT.COM, our licensors or another user.

KOOTENAYENTERTAINMENT.COM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS OR THIRD PARTY CONTENT OR SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Sole Remedy

THE SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY THAT MAY ARISE OUT OF THIS AGREEMENT AND/OR YOUR USE OF THE KOOTENAYENTERTAINMENT.COM SERVICE SHALL BE YOUR ABILITY TO DISCONTINUE YOUR USE OF THE KOOTENAYENTERTAINMENT.COM SITE AND/OR SERVICES.

Indemnification

You shall indemnify and hold KOOTENAYENTERTAINMENT.COM and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs) KOOTENAYENTERTAINMENT.COM or any other indemnified party suffers in relation to, or arising from any claim or demand from a third party (i) that your use of the Site and/or the Services or the use of the Site and/or the Services by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party, or (ii) that is related to your use of the Site and/or the Services, including without limitation, any claim that your Submission caused damage to any third party, or (iii) that is related to your use of the Site and/or the Services, including without limitation, any claim that arises from your use of any Materials or Third Party Content that is in violations of the Terms. This indemnification obligation will survive these Terms and your use of the Site and/or the Services.

Local Laws; Export Control

KOOTENAYENTERTAINMENT.COM controls and operates this Site from its headquarters in Canada and the Materials may not be appropriate or available for use in other locations. If you use this Site outside Canada, you are responsible for following applicable local laws.

General

If you violate these Terms, KOOTENAYENTERTAINMENT.COM may terminate your access to the Site, the Services and/or Restricted Areas without notice. KOOTENAYENTERTAINMENT.COM prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined solely by KOOTENAYENTERTAINMENT.COM, will result in immediate termination of your access to the Site, the Services and/or Restricted Areas. KOOTENAYENTERTAINMENT.COM has the right to terminate any account for any reason or for no reason. British Columbia law and controlling Canadian federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in British Columbia. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. KOOTENAYENTERTAINMENT.COM's failure to enforce any of these Terms is not a waiver of such term(s). The Terms are the entire agreement between you and KOOTENAYENTERTAINMENT.COM and supersede all prior or contemporaneous negotiations, discussions or agreements between you and KOOTENAYENTERTAINMENT.COM about the Site and the Services. YOU AND KOOTENAYENTERTAINMENT.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF A CAUSE OF ACTION IS NOT COMMENCED WITHIN SUCH TIME PERIOD, THEN IT WILL BE PERMANENTLY BARRED.

Effective Date.
This Agreement was revised on January 15, 2009.