Interac™ Sound of Spending Terms of Use
Welcome to Sound of Spending
The following Interac Sound of Spending Terms of Use (“Terms of Use”)govern your use of Interac’s Sound of Spending webpage accessible at [include web address] (“Sound of Spending”) at https://www.interac.ca/sound-of-spending/. These Terms of Use are a binding agreement between you and Interac Corp. (“Interac”). By using Sound of Spending, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use Sound of Spending.
Any new content, functionality or services which are added to Sound of Spending will also be subject to these Terms of Use. We reserve the right to modify or amend these Terms of Use. Such alterations, amendments or supplements shall be effective immediately upon notice thereof. Any use of Sound of Spending after such notice shall constitute acceptance of any such alterations, amendments or supplements. If any alterations, amendments or supplements made to these Terms of Use are unacceptable to you, you must immediately terminate use of Sound of Spending by exiting from its webpage.
About Sound of Spending; Further Definitions
Sound of Spending is an interactive, musically themed and mobile-optimized webpage that contains a “National Track” feature and “Personal Track” feature. These features transform spending data into music. The National Track feature (“National Track”)allows users to play an original song based on Canadian spending information derived from Interac’s debit transaction data. The “Personal Track” feature (“Personal Track”) allows users to generate a song of up to one minute based on their personal monthly spending amounts as inputted using sliders or manual entry. Users can download the National Track and Personal Tracks, as well as share the tracks on Twitter, Linkedin and Facebook. We encourage users to tag their posts with the hashtag #SoundofSpending.
Sound of Spending is in no way sponsored, endorsed or administered by, or associated with, any social media platforms. Social medial platforms are not associated or connected with any part of Sound of Spending in any manner whatsoever, and are not liable in any way whatsoever in regarding to any matter relating to Sound of Spending. Any questions, comments or complaints regarding Sound of Spending must be directed to Interac.
You”, “your” and “yourself” shall mean each person who uses Sound of Spending. “We”, “us”, or “ours” shall mean and include Interac, its affiliates and its and their directors, officers, employees, contractors, and subcontractors. “Tracks” shall mean the National Track and any Personal Tracks.
Representations and Warranties
You represent and warrant that you: (a) have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon); (b) are a resident of Canada; (c) have the right, authority and capacity to bind yourself to these Terms of Use; and (d) have read these Terms of Use. If you are under the age of majority, you must have your parent or legal guardian’s permission to use Sound of Spending. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use Sound of Spending, then these Terms of Use apply to you and you are responsible for your child’s activities on Sound of Spending.
Intellectual Property and Limited License
All content on Sound of Spending (including, without limitation, the Tracks, the Marks (as defined below), the design, text, html code, multimedia clips, graphics, icons, java code, and audio and visual materials), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, patents or other proprietary rights and laws (“Intellectual Property”).
Subject to these Terms of Use, we hereby grant you a limited, non-exclusive and non-transferable license to: (a) access, view and use Sound of Spending; (b) play and download the National Track and share the National Track on your social media platforms; and (c) produce, play and download Personal Track(s) and share any such Personal Track(s) on your social media platforms as applicable and as permitted; all for your personal, non-commercial use in Canada only (the “Limited License”).
Except as expressly provided, nothing in these Terms of Use or within Sound of Spending shall be construed as granting any license under any of the Intellectual Property, whether by implication, waiver, estoppel or otherwise. Other than the Limited License, you are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, in whole or in part, any of Sound of Spending’s content or Intellectual Property appearing on Sound of Spending without our prior written consent or any third party owner of Sound of Spending’s content or Intellectual Property. We will take appropriate legal action necessary to enforce our rights respecting any prohibited use of Sound of Spending or Intellectual Property appearing in or on Sound of Spending.
By creating and sharing Personal Tracks on any applicable and permitted social media platforms, you grant to Interac a perpetual, irrevocable, non-exclusive, royalty-free, assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Personal Tracks world-wide for the purposes of promoting Interac’s products and services, as well as Interac’s image, without providing compensation to you or any other person, without liability whatsoever, and free from any obligation of confidence or other duties on the part of Interac or its assigns, on the Internet (including but not limited to Interac’s social media, websites, mobile applications, email, any websites for hosting and sharing user generated content, and social networks), intranet and in any form, media or technology. You irrevocably waive all moral rights or other rights of authorship as a condition to creating any Personal Tracks. You acknowledge and agree that Interac has no obligation to use the Personal Tracks or their derivatives, and that Interac may decide at any time in its sole discretion to stop using same.
Certain words, phrases, names, designs or logos used on the Sound of Spending (collectively, the “Marks”) may constitute our trademarks or trade names, or trademarks or trade names licensed to us. The display of any such Marks does not imply that a license has been granted to you by us or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without our prior written permission. The Marks include, without limitation, “Interac”, the Interac logos and the Sound of Spending logo and work mark.
Agreed Usage
You shall not, and you shall not permit others to: (a) copy Sound of Spending or use Sound of Spending for any purpose other than as permitted under the Limited License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of Sound of Spending or the Tracks; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Sound of Spending or any part thereof; (d) remove, delete, alter or obscure any Intellectual Property, Marks or proprietary rights notices from Sound of Spending; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Sound of Spending or any features or functionality of Sound of Spending, to any third party for any reason; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Sound of Spending; or (g) disseminate or transmit viruses, worms, Trojan horses, time bombs, spyware, malware, cancelbots, passive collection mechanisms, robots, data mining software or any other malicious or invasive code or program; or (h) use Sound of Spending in, or in association with, any illegal activity or purpose.
When sharing the Tracks on your social media platforms, you shall comply with the relevant platform’s terms of use.
Sharing of Tracks
You agree that when sharing the Tracks on your social media platforms as applicable and as permitted, such posts shall not be accompanied by content or commentary that: (a) is considered a criminal offense or that would give rise to civil liability or would otherwise violate the law; (b) is harassing, hateful, illegal, profane, obscene, defamatory, threatening or discriminatory, or that advocates, promotes or encourages inappropriate activity; (c) ignite online arguments; (d) is prejudicial to the image of Interac or that may bring disrepute on Interac in Interac’s sole discretion; or (e) violates applicable laws (including but not limited to privacy laws, marketing and advertising laws, and anti-spam legislation). You shall be solely responsible for the consequences of sharing the Tracks on your social media. We may contact you to ask for your consent if we wish to share your posts containing Tracks on our Interac’s social media.
Privacy
Sound of Spending does not collect any personal information. However, Sound of Spending may automatically collect and store certain information, including IP addresses, the region or general location where your computer or device is accessing the internet, the browser and operating system you use, the date and time of your visit, the access status (e.g. your ability to access a website or receipt of an error message), and other website usage information. We collect this non-identifiable information via cookies, web beacons and other similar tracking technologies to improve the utility, security, content, and user experience of Sound of Spending.
General Disclaimer
WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE FEATURES AND INFORMATION CONTAINED HEREIN (INCLUDING SPENDING DATA AND ANY OTHER TEXT, GRAPHICS, MATERIALS, LINKS EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN SOUND OF SPENDING). WE CANNOT AND DO NOT GUARANTEE THAT THE TRACKS WILL BE SHAREABLE ON YOUR SOCIAL MEDIA PLATFORM OF CHOICE.
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH SOUND OF SPENDING ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND QUIET ENJOYMENT.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF SOUND OF SPENDING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT SOUND OF SPENDING WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY THERETO.
USE OF SOUND OF SPENDING IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF SOUND OF SPENDING OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR PART OF SOUND OF SPENDING OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify, defend and hold Interac harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your breach of these Terms of Use; and (b) your sharing of the Tracks on your social media platforms, except to the extent that any claims, damages, losses or liabilities arise from Interac’s breach of these Terms of Use, or Interac’s negligence or wilful misconduct.
Termination
Interac may, in its sole discretion, cancel or terminate your right to use Sound of Spending or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access Sound of Spending. The restrictions imposed on you pursuant to the paragraph above entitled “Intellectual Property and Limited License” and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive termination of your right to use Sound of Spending or any part thereof. We shall not be liable to any party for such termination.
Use Prohibited Where Contrary to Law
Use of Sound of Spending is unauthorized in any jurisdiction where Sound of Spending or any of its content may violate any laws or regulations. You agree not to access or use Sound of Spending in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk.
Modifications
Interac reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Sound of Spending (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of Sound of Spending or any part thereof.
Governing Law
These Terms of Use shall be governed by and construed under and pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to Sound of Spending and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Sound of Spending.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will remain and continue in full force and effect.
You acknowledge that Sound of Spending software contains our valuable trade secrets and proprietary information, that any actual or threatened breach of these Terms of Use will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
Assignment
These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
Contact/Notices If you have any questions about these Terms of Use, or need to provide notice to, or communicate with, us, please email
Welcome to Sound of Spending
The following Interac Sound of Spending Terms of Use (“Terms of Use”)govern your use of Interac’s Sound of Spending webpage accessible at [include web address] (“Sound of Spending”) at [link]. These Terms of Use are a binding agreement between you and Interac Corp. (“Interac”). By using Sound of Spending, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should not use Sound of Spending.
Any new content, functionality or services which are added to Sound of Spending will also be subject to these Terms of Use. We reserve the right to modify or amend these Terms of Use. Such alterations, amendments or supplements shall be effective immediately upon notice thereof. Any use of Sound of Spending after such notice shall constitute acceptance of any such alterations, amendments or supplements. If any alterations, amendments or supplements made to these Terms of Use are unacceptable to you, you must immediately terminate use of Sound of Spending by exiting from its webpage.
About Sound of Spending; Further Definitions
Sound of Spending is an interactive, musically themed and mobile-optimized webpage that contains a “National Track” feature and “Personal Track” feature. These features transform spending data into music. The National Track feature (“National Track”)allows users to play an original song based on Canadian spending information derived from Interac’s debit transaction data. The “Personal Track” feature (“Personal Track”) allows users to generate a song of up to one minute based on their personal monthly spending amounts as inputted using sliders or manual entry. Users can download the National Track and Personal Tracks, as well as share the tracks on Twitter, Linkedin and Facebook. We encourage users to tag their posts with the hashtag #SoundofSpending.
Sound of Spending is in no way sponsored, endorsed or administered by, or associated with, any social media platforms. Social medial platforms are not associated or connected with any part of Sound of Spending in any manner whatsoever, and are not liable in any way whatsoever in regarding to any matter relating to Sound of Spending. Any questions, comments or complaints regarding Sound of Spending must be directed to Interac.
You”, “your” and “yourself” shall mean each person who uses Sound of Spending. “We”, “us”, or “ours” shall mean and include Interac, its affiliates and its and their directors, officers, employees, contractors, and subcontractors. “Tracks” shall mean the National Track and any Personal Tracks.
Representations and Warranties
You represent and warrant that you: (a) have reached the age of majority in your province or territory of residence (which is eighteen (18) years old in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan), and nineteen (19) years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon); (b) are a resident of Canada; (c) have the right, authority and capacity to bind yourself to these Terms of Use; and (d) have read these Terms of Use. If you are under the age of majority, you must have your parent or legal guardian’s permission to use Sound of Spending. Please ask your parent or legal guardian to read these terms with you. If you are a parent or legal guardian, and you allow your child to use Sound of Spending, then these Terms of Use apply to you and you are responsible for your child’s activities on Sound of Spending.
Intellectual Property and Limited License
All content on Sound of Spending (including, without limitation, the Tracks, the Marks (as defined below), the design, text, html code, multimedia clips, graphics, icons, java code, and audio and visual materials), and any selection or arrangement thereof, is the exclusive property of Interac or its licensors and is protected by international copyright, trademark, patents or other proprietary rights and laws (“Intellectual Property”).
Subject to these Terms of Use, we hereby grant you a limited, non-exclusive and non-transferable license to: (a) access, view and use Sound of Spending; (b) play and download the National Track and share the National Track on your social media platforms; and (c) produce, play and download Personal Track(s) and share any such Personal Track(s) on your social media platforms as applicable and as permitted; all for your personal, non-commercial use in Canada only (the “Limited License”).
Except as expressly provided, nothing in these Terms of Use or within Sound of Spending shall be construed as granting any license under any of the Intellectual Property, whether by implication, waiver, estoppel or otherwise. Other than the Limited License, you are expressly prohibited from copying, transferring, reproducing, storing, uploading, distributing, publishing, in whole or in part, any of Sound of Spending’s content or Intellectual Property appearing on Sound of Spending without our prior written consent or any third party owner of Sound of Spending’s content or Intellectual Property. We will take appropriate legal action necessary to enforce our rights respecting any prohibited use of Sound of Spending or Intellectual Property appearing in or on Sound of Spending.
By creating and sharing Personal Tracks on any applicable and permitted social media platforms, you grant to Interac a perpetual, irrevocable, non-exclusive, royalty-free, assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Personal Tracks world-wide for the purposes of promoting Interac’s products and services, as well as Interac’s image, without providing compensation to you or any other person, without liability whatsoever, and free from any obligation of confidence or other duties on the part of Interac or its assigns, on the Internet (including but not limited to Interac’s social media, websites, mobile applications, email, any websites for hosting and sharing user generated content, and social networks), intranet and in any form, media or technology. You irrevocably waive all moral rights or other rights of authorship as a condition to creating any Personal Tracks. You acknowledge and agree that Interac has no obligation to use the Personal Tracks or their derivatives, and that Interac may decide at any time in its sole discretion to stop using same.
Certain words, phrases, names, designs or logos used on the Sound of Spending (collectively, the “Marks”) may constitute our trademarks or trade names, or trademarks or trade names licensed to us. The display of any such Marks does not imply that a license has been granted to you by us or other entities. The Marks may not be distributed, modified, transmitted, re-posted or used for public or commercial purposes without our prior written permission. The Marks include, without limitation, “Interac”, the Interac logos and the Sound of Spending logo and work mark.
Agreed Usage
You shall not, and you shall not permit others to: (a) copy Sound of Spending or use Sound of Spending for any purpose other than as permitted under the Limited License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of Sound of Spending or the Tracks; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Sound of Spending or any part thereof; (d) remove, delete, alter or obscure any Intellectual Property, Marks or proprietary rights notices from Sound of Spending; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Sound of Spending or any features or functionality of Sound of Spending, to any third party for any reason; (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Sound of Spending; or (g) disseminate or transmit viruses, worms, Trojan horses, time bombs, spyware, malware, cancelbots, passive collection mechanisms, robots, data mining software or any other malicious or invasive code or program; or (h) use Sound of Spending in, or in association with, any illegal activity or purpose.
When sharing the Tracks on your social media platforms, you shall comply with the relevant platform’s terms of use.
Sharing of Tracks
You agree that when sharing the Tracks on your social media platforms as applicable and as permitted, such posts shall not be accompanied by content or commentary that: (a) is considered a criminal offense or that would give rise to civil liability or would otherwise violate the law; (b) is harassing, hateful, illegal, profane, obscene, defamatory, threatening or discriminatory, or that advocates, promotes or encourages inappropriate activity; (c) ignite online arguments; (d) is prejudicial to the image of Interac or that may bring disrepute on Interac in Interac’s sole discretion; or (e) violates applicable laws (including but not limited to privacy laws, marketing and advertising laws, and anti-spam legislation). You shall be solely responsible for the consequences of sharing the Tracks on your social media. We may contact you to ask for your consent if we wish to share your posts containing Tracks on our Interac’s social media.
Privacy
Sound of Spending does not collect any personal information. However, Sound of Spending may automatically collect and store certain information, including IP addresses, the region or general location where your computer or device is accessing the internet, the browser and operating system you use, the date and time of your visit, the access status (e.g. your ability to access a website or receipt of an error message), and other website usage information. We collect this non-identifiable information via cookies, web beacons and other similar tracking technologies to improve the utility, security, content, and user experience of Sound of Spending.
General Disclaimer
WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, STABILITY AND AVAILABILITY OF THE FEATURES AND INFORMATION CONTAINED HEREIN (INCLUDING SPENDING DATA AND ANY OTHER TEXT, GRAPHICS, MATERIALS, LINKS EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN SOUND OF SPENDING). WE CANNOT AND DO NOT GUARANTEE THAT THE TRACKS WILL BE SHAREABLE ON YOUR SOCIAL MEDIA PLATFORM OF CHOICE.
ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH SOUND OF SPENDING ARE PROVIDED ON AN “AS IS” BASIS. ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND QUIET ENJOYMENT.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF SOUND OF SPENDING WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT SOUND OF SPENDING WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY THERETO.
USE OF SOUND OF SPENDING IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF SOUND OF SPENDING OR ITS CONTENT, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS SHALL BE LIABLE FOR ANY CLAIM FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER LOSSES OR DAMAGES OF WHATEVER KIND ARISING OUT OF ACCESS TO, THE USE OF, OR THE INABILITY TO USE ALL OR PART OF SOUND OF SPENDING OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to indemnify, defend and hold Interac harmless, and each of our directors, officers, employees, affiliates, agents, volunteers, contractors and licensors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs or debt and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of: (a) your breach of these Terms of Use; and (b) your sharing of the Tracks on your social media platforms, except to the extent that any claims, damages, losses or liabilities arise from Interac’s breach of these Terms of Use, or Interac’s negligence or wilful misconduct.
Termination
Interac may, in its sole discretion, cancel or terminate your right to use Sound of Spending or any part thereof, at any time without notice. In the event of termination, you are no longer authorized to access Sound of Spending. The restrictions imposed on you pursuant to the paragraph above entitled “Intellectual Property and Limited License” and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive termination of your right to use Sound of Spending or any part thereof. We shall not be liable to any party for such termination.
Use Prohibited Where Contrary to Law
Use of Sound of Spending is unauthorized in any jurisdiction where Sound of Spending or any of its content may violate any laws or regulations. You agree not to access or use Sound of Spending in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk.
Modifications
Interac reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Sound of Spending (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension or discontinuance of Sound of Spending or any part thereof.
Governing Law
These Terms of Use shall be governed by and construed under and pursuant to the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to Sound of Spending and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to Sound of Spending.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Use will remain and continue in full force and effect.
You acknowledge that Sound of Spending software contains our valuable trade secrets and proprietary information, that any actual or threatened breach of these Terms of Use will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
Assignment
These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.
Contact/Notices If you have any questions about these Terms of Use, or need to provide notice to, or communicate with, us, please email socialmedia@interac.ca