Terms and Conditions

APTN DIGITAL DRUM PRO USER AGREEMENT

Welcome to Digital Drum PRO, the aboriginal people’s online professional, aboriginal film maker’s performance and promotional space and industry contact network website, owned and operated by the Aboriginal Peoples Television Network, Inc. (“APTN”) and located at the URL www.digitaldrumpro.ca (“Digital Drum PRO”) for the exclusive use of professional aboriginal film makers.  Where reference is made to Digital Drum PRO, APTN shall be deemed to be included by reference, unless otherwise expressly stated.   

(1) PRO Membership Agreement, (2) Terms of Use and (3) Privacy Policy

Please Read This Document Carefully!  This Agreement governs your relationship with APTN and describes the legally binding terms for your use of the services offered on Digital Drum PRO and your access to www.digitaldrumpro.ca (the “Website”) whether you choose to become a PRO Member or just want to surf the Website (the “Agreement”).  The services offered by APTN on Digital Drum PRO (or “we” or “us”) include: the Website; the Digital Drum PRO Online Professional Profile pages; the Digital Drum PRO videos and films; the Digital Drum PRO blogs; the Digital Drum PRO commenting services; Digital Drum PRO contests; Digital Drum PRO audio and visual streaming services services and any other features, content, or applications offered from time to time by Digital Drum PRO in connection with the Website (collectively, the “Services”).  The Services are hosted in Canada.   

If you register to become a PRO Member, you will be required to complete an online Registration Form and Sections 1, 2 & 3 of this Agreement will apply to you.  Even if you just want to explore the Website, Sections 2 & 3 of this Agreement will apply to you.  Either way we encourage you review this Agreement regularly, because Digital Drum PRO reserves the right to modify any or all terms of this Agreement from time to time and such modification shall be effective immediately upon being posted on the Website. You agree to be bound to any changes to this Agreement when you use the Website and/or the PRO Membership Privileges (see below) after any such modification is posted.

This Agreement was last updated: October 14, 2008

Who we are:  Digital Drum PRO is an online virtual promotional and performance space and industry contact network for professional aboriginal film makers in Canada.  It exists as a forum for professionals to meet and network virtually and promote their professional services and works, and to upload Digital Drum PRO Member’s own audio and video works and films for viewing by other Digital Drum PRO Members and the public.  The Services are free of charge to Digital Drum PRO members.   

Who you are:  Anyone who has produced, directed, shot or written at least one film(s) or video(s) which: (1) have been professionally broadcast or exhibited to the public; OR (2) which have been accepted and publicly exhibited in festival or in theatres in Canada or elsewhere, OR (3) has obtained accredited professional training in the film and/or television industry and is interested in what Digital Drum PRO has to offer.  You should be 18 years or older or be a corporate entity or a sole proprietorship properly constituted under the laws of a Province of Canada or the Federal laws of Canada, or is properly constituted under the laws of a signatory country to the Berne Convention or the UCC.  A film maker who identifies him/herself as “indigenous” will be considered an indigenous film maker for the purposes of Digital Drum PRO and the Website.    

By using the Website and the Services you agree to be bound by this Agreement, as updated and modified by Digital Drum PRO from time to time, whether you are a “Visitor” (which means you simply browse and search the Website) or you are a “PRO Member” (which means that you have registered with Digital Drum PRO to become a PRO Member).  The term “User” refers to a Visitor or a PRO Member.  You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and to this Agreement and to the Digital Drum PRO/APTN Privacy Policy (as more fully described in Section 3 marked “Privacy Policy”) (collectively, the “Agreement”).  This Agreement includes Digital Drum PRO’s rules and policies for: acceptable use of the Website and the Services and PRO Member Content and Blog Material posted on the Website; your rights, obligations and restrictions regarding your use of the Services; and the Digital Drum PRO Privacy Policy.  Please read this Agreement, including the Privacy Policy component, carefully and save it.  If you do not agree with it, you should leave the Website and discontinue your use of the Services immediately.  If you wish to become a PRO Member and make use of the Services, you must read this Agreement and indicate your acceptance by clicking “I AGREE” during the registration process.  In order to participate in certain Digital Drum PRO Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions.  Unless otherwise provided by the additional terms and conditions applicable to the Digital Drum PRO Services, those additional terms are hereby incorporated into this Agreement.  

SECTION 1.0 - PRO MEMBERSHIP AGREEMENT

1.1    By checking the box beside “Accept Terms and Conditions of Use and clicking the “Submit” button, you will become a PRO Member of Digital Drum PRO with certain PRO Membership Privileges to access, record, download and upload information, films and video with your biography and contact information on the Website.  You may choose your PRO Membership username but if your choice is already taken, or if Digital Drum PRO, in its sole discretion, decides yours is inappropriate, one will be assigned to you.  Only PRO Members can Upload, Blog, Download, Send Messages to other PRO Members and Comment or use the other Services included and accessible on Digital Drum PRO, as are updated and modified from time to time (the “PRO Membership Privileges”).  Some or all of your PRO Membership Privileges can be suspended for a time or indefinitely at Digital Drum PRO's sole discretion.  

1.2    When you become a PRO Member and begin using the PRO Membership Privileges and accessing the Services, you will be asked to choose a password and will be provided password protected access to your unique, username.  You will have an opportunity to create a Digital Drum PRO profile and biography and to post and upload promotional and contact information and other content about yourself or your company.  Choose the information you post on the Website carefully.  You will have an opportunity to post photographs of yourself, or images of your creative work, post photographs or video or audio clips of productions or other content (collectively “PRO Member Content”).  For your own security, we strongly recommend that you do not post any personal information, such as your home telephone number or home address or other personally identifiable confidential information, other than normal business contact information, to identify yourself to users of the Website.  Digital Drum PRO reserves the right, but not the obligation, to delete any personally identifiable confidential information about any PRO Member if it deems, in its sole discretion, such action to be in the best interests of the PRO Member or inconsistent with the nature of the Services.  Notwithstanding the forgoing, you acknowledge and agree that you are solely responsible for your PRO Member Content.  Any PRO Member Content posted on the Website is subject to the terms and conditions of this PRO Membership Agreement, Terms of Use and the Privacy Policy.

1.2    PRO Membership and use of PRO Membership Privileges is void where prohibited by law. By becoming a PRO Member and using PRO Membership Privileges you represent and warrant that (a) all PRO Member registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or a properly constituted corporation or sole proprietorship under applicable provincial or federal laws of Canada or another signatory country of the Berne convention or the UCC and is capable of entering into a legally binding contract; and (d) your PRO Membership and use of PRO Membership Privileges does not violate any applicable law or regulation. Your PRO Membership to Digital Drum PRO and any or all of your PRO Membership Privileges may be terminated without warning if: (1) we believe that you are under 18 years of age or are not capable of entering into a legally binding agreement in Canada; or (2) you breach any of the terms and conditions of this Agreement; or (3) your use of the PRO Membership Privileges breaches any applicable law in Canada or any right of any person.  Your acknowledge and agree that Digital Drum PRO has the right to request proof of age and/or corporate certification and is entitled revoke or deny PRO Membership to any person or entity who is unable to provide satisfactory proof that he/she or it meets the PRO Membership criteria described herein.  To be eligible to enter into any contests offered on Digital Drum PRO you must be 18 years old to participate and may not be a resident of Quebec.       

1.3    You alone are responsible for keeping your personal PRO Membership username and password confidential, and you are responsible for any and all activity that occurs on this Website under your password or PRO Membership username.  You agree to immediately notify Digital Drum PRO of any suspected unauthorized use of your password or PRO Membership username or any other breach of security. Digital Drum PRO will not be liable, directly or indirectly, for any loss or damage of any kind incurred by you or anyone else as a result of your failure to protect the confidentiality of your password and/or PRO Membership username.

1.4    To Upload means you have the opportunity to record and electronically upload your images, artwork, photos, clips, audio and/or video recordings, films (collectively the “PRO Member Content”) onto the Digital Drum PRO server using Digital Drum PRO’s software, hardware and technology.  We believe that you will enjoy the Website and the Services, but there are restrictions to what PRO Members are entitled to post and include in their PRO Member Content.  Your PRO Member Content may not include any content or information that is perceived by Digital Drum PRO as being obscene, lewd, excessively violent, harassing, sexually explicit, discriminatory or otherwise illegal or objectionable in nature, as determined in the exclusive and complete discretion of APTN and Digital Drum PRO.  Digital Drum PRO reserves the right, in its sole discretion, to reject, refuse to post or remove any posting Uploaded by you, or to restrict, suspend or terminate your access to all or any part of the Website, including any PRO Member Content, at any time, for any reason without prior notice and without liability.  You agree that Digital Drum PRO has the right but not the obligation to monitor the Website and your PRO Member Content, but Digital Drum PRO nonetheless does not assume any responsibility for your PRO Member Content, for which you retain complete responsibility.  Digital Drum PRO does not endorse any PRO Member Content nor does any PRO Member Content posted on the Website necessarily reflect the views and opinions of Digital Drum PRO or APTN.  Digital Drum PRO makes no warranties, express or implied, as to the PRO Member Content, or to the accuracy or reliability of the PRO Member Content or to any material or information transmitted from one PRO Member to another.    

1.5    By uploading your PRO Member Content any and all rights in and to the PRO Member Content, including ancillary (including what are commonly known as the synch, performance and recording rights) and the right to use your name, likeness, biography and profile and PRO Membership username, in all media now know or in future devised in all territories of the world and throughout the universe, and in all languages, are licensed by you on a non-exclusive basis to APTN at no charge and royalty free for use, exhibition, distribution and exploitation on Digital Drum PRO and other related services or websites, television programs, print materials, promotional spots for a license term of five (5) years from the date of the Uploading, and such license term shall automatically renew for additional five (5) year consecutive terms in perpetuity, unless and until the PRO Member gives ninety (90) days notice to Digital Drum PRO that he/she/it wishes to terminate the license for the particular PRO Member Content or the PRO Membership.  It is understood and agreed that by uploading your PRO Member Content and you agree to waive your moral rights in the PRO Member Content as necessary to give effect to this license.    

1.6    Digital Drum PRO shall have the right to use (or not use), modify, edit, alter, remix, juxtapose, compile, publish, display, reproduce, publicly perform, broadcast, exhibit, promote, advertise, market, sub-license and exploit the PRO Member Content in any way it sees fit at its sole discretion for so long as the license is in effect, and has the unfettered right to sub-license such rights to APTN or any other related party at its sole discretion. 

1.7    All of the licenses you grant to APTN for Digital Drum PRO in relation to the PRO Member Content and/or the Created Recording will continue in effect, unless you inform Digital Drum PRO in writing, at the address set forth below, of your intention to cease your PRO Membership and/or your desire to delete all or part of your PRO Member Content from the Website. 

1.8    You represent and warrant that your PRO Member Content uploaded by you and not provided by Digital Drum PRO or another PRO Member are all original to you and are owned or licensed in its entirety by you at the time of the upload and that you have the right to make the grant of license to APTN for Digital Drum PRO  described in this PRO Membership Agreement and you will indemnify and save harmless APTN and Digital Drum PRO and any and all of its directors, officers, employees, heirs and assigns, shareholders, agents, funders and licensees, against any and all claims brought or threatened by third parties who challenge this representation and warranty, including, but not limited to, damages and legal fees.

1.9    Neither APTN nor Digital Drum PRO is obliged to pay you any consideration, royalties, fees or buy-outs of any kind or nature for your PRO Member Content or the use of your name, likeness, professional name or PRO Membership username pursuant to this Agreement.  All claims for monetary or non-monetary consideration, compensation, royalties, fees or buy-outs for your PRO Member Content outside of the terms of this Agreement are expressly and forever waived by you.   

1.10    To Blog means the opportunity to display or publish (“post” or "posting") any information including without limitation (i) text, graphics, music, photos, animation, artwork, data, information, hypertext links, scripts or other material, and (ii) websites and contents proximately reachable from such content (collectively, "Blog Material") on a web log (the “Blog”) set aside by Digital Drum PRO for you on the Digital Drum PRO server for that purpose and accessible via the Website.  

1.11    Upon posting, you grant (or warrant that the owner of such material expressly grants) to APTN for Digital Drum PRO a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Blog Material and to incorporate the Blog Material in other works in any form, media, or technology now known or later developed for as long as the Blog Material is on the Blog.  In addition, you waive any and all moral rights in such Blog Material. You represent and warrant that: (i) you own the Blog Material posted by you or otherwise have the right to grant the rights and licenses set forth in this section, and (ii) the posting of your Blog Material on the Blog does not violate the privacy rights, publicity rights, personality rights, privacy rights, copyrights, trademark rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Blog Material posted by you.  You are solely responsible for your Blog Material, and Digital Drum PRO will not be liable in any way for any error or omission, or loss or damage of any kind arising from your Blog Material. 

1.12    Digital Drum PRO will not pre-screen your Blog Material, but has the right, but not the obligation, in Digital Drum PRO’s sole discretion, to modify, refuse or remove your Blog Material, and/or to suspend the PRO Membership Privileges of any PRO Member to Blog or to enjoy any other PRO Membership Privilege(s) at our sole discretion.  By posting your Blog Material to our Website, such information shall be deemed to be non-confidential. You acknowledge and agree that Digital Drum PRO may archive your Blog Material for internal purposes, but has no obligation to do so, and may also disclose your Blog Material at any time and for any reason for its own purposes or as required by law.  Please note that unless stated otherwise for specific services, and subject to the terms and conditions above, you will retain all copyright in the Blog Material so long as it originally belongs to you, and the above license, save and except the archiving provisions, shall be maintained only for so long as the Blog Material is posted on the Blog.

1.13    To Send Messages means the opportunity to use, read and communicate using Digital Drum PRO's exclusive messaging service.   Digital Drum PRO will not pre-screen your Messages, but has the right, but not the obligation, in our sole discretion, to modify, refuse or remove your Messages, whether at our own recognizance or upon the complaint of any other PRO Member (to lodge a complaint please send an email to flag@digitaldrum.ca with the relevant time, date, Message and PRO Membership handles involved), and/or to suspend the PRO Membership Privileges of any PRO Member to send Messages or to enjoy any other PRO Membership Privileges at our sole discretion.  By Sending Messages on our Website, such information shall be deemed to be non-confidential.  You acknowledge and agree that Digital Drum PRO may archive your Messages, but has no obligation to do so, and may also disclose your Messages at any time and for any reason for its own purposes or as required by law. 

1.14    To Comment means the opportunity to include text comments with your ratings of other Digital Drum PRO PRO Members' Blog Material or PRO Member Content. You are solely responsible for your Comments, and Digital Drum PRO will not be liable in any way for any error or omission, or loss or damage of any kind arising from your Comments.  Digital Drum PRO will not pre-screen your Comments, but has the right, but not the obligation, to modify, refuse or remove your Comments, and/or to suspend the PRO Membership Privileges of any PRO Member to Comment or to enjoy any other PRO Membership Privileges at our sole discretion.  By posting your Comments to our Website, such information shall be deemed to be non-confidential.  You acknowledge and agree that Digital Drum PRO may archive your Comments, but has no obligation to do so, and may also disclose your Comments at any time and for any reason for its own purposes or as required by law. 

1.15    Please choose carefully the information you post on Digital Drum PRO and that you provide to other Users and/or PRO Members. You are solely responsible for, and are required to exercise caution, discretion, common sense and judgment in, using and accessing the Website and all content contained therein. Your  PRO Member Content, Blog Material, Comments and Messages may not include the following items: passwords, viruses, spyware, malware, illegal software or warez or any hyperlinks to same, and any images, audio or video files containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, illegal or otherwise objectionable subject matter is the sole judgement of Digital Drum PRO. Despite this prohibition, you represent and warrant that you understand that information provided to you by other Digital Drum PRO Members might contain inaccurate, inappropriate, offensive or sexually explicit material, products, viruses, malware or other damaging programs, and APTN and Digital Drum PRO assumes no responsibility or liability for any such material whatsoever. If you become aware of misuse of the PRO Membership Privileges by any person, please contact flag@digitaldrum.ca.

1.16    You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of - or restrict or inhibit the use and enjoyment of - this Website by any third party, including other PRO Members and Users. Such restriction or inhibition includes, without limitation, conduct that is unlawful or that breaches another person's intellectual property rights or that may harass or cause distress or inconvenience to any person and the transmission of defamatory, pornographic, obscene or offensive content or disruption or normal flow of dialogue within this Website.   Do not Upload or post on your Blog or include in your Messages or Comments any defamatory, obscene, offensive or illegal material, including text, graphics, video, programs or audio or hyperlinks to same. Uploading or posting material, including hyperlinks or mirrors, with the intention of causing damages or committing an illegal act is strictly prohibited.

1.17    Digital Drum PRO assumes no responsibility for monitoring the Website for inappropriate PRO Member Content, Blog Material, Messages, Comments or conduct. If at any time Digital Drum PRO chooses, in its sole discretion, to monitor the Website, Digital Drum PRO nonetheless assumes no responsibility for the PRO Member Content, Blog Material, Messages, Comments or conduct, no obligation to modify or remove any inappropriate PRO Member Content, Blog Material, Messages, Comments or to deny access by any PRO Member, and no responsibility for the conduct of the PRO Member submitting any such PRO Member Content, Blog Material, Messages or Comments.

1.18    Unauthorized mirroring or, framing of or linking to the Website is prohibited. Third party commercial advertisements, affiliate links, and other forms of solicitation, except as is implied by the PRO Membership Privileges for the purposes of promoting the services and works of any PRO Member operating in compliance with these terms and conditions shall be removed without notice and may result in suspension of PRO Membership Privileges. Appropriate legal action will be taken for any illegal or unauthorized use of PRO Membership Privileges.

1.19    You agree to defend, indemnify and hold harmless Digital Drum PRO, its respective affiliates, officers, directors, employees, shareholders, heirs and assigns, agents, funders and licensees from and against any and all costs, claims, fines, penalties, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable legal and accounting fees arising out of or in connection with (a) your PRO Member Content, (b) your Blog Material, (c) your Messages (d) your Comments and/or (e) your (or anyone acting under your password or PRO Membership username) use of this Website, or any alleged violation by you of any of the terms contained in this Agreement.  Notwithstanding the foregoing, Digital Drum PRO retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Digital Drum PRO and in no event shall you settle any such claim without our prior written approval.

1.20    You may cancel your PRO Membership at any time by emailing help@digitaldrum.ca. Cancellation of PRO Membership does not terminate Digital Drum PRO’s ongoing rights and licenses in and to your PRO Member Content unless otherwise specifically indicated by you in the cancellation notice..

SECTION 2 – TERMS OF USE

2.1    PRO Members and non-PRO Member Visitors are welcome to visit and enjoy the Website, read the Blogs and Comments and to listen to, view and download PRO Member Content and Blog Material on the Website and Blogs, provided that: (i) you may not modify or alter the Website, PRO Member Content or Blog Material in any way. Except where your use constitutes "fair use" or “fair dealing” under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available any information, PRO Member Content or Blog Material or the Website in whole or in part without the express written authorization of Digital Drum PRO or the applicable copyright owner or agent.

2.2    The Website may include mature content, including songs, lyrics and imagery which may be of a violent, sexual, controversial or political nature.  By exploring this Website you are representing and warranting that you do not object to being exposed to this content, and that the laws of your country, state, province or community do not forbid you to be exposed to such content for any reason, including age restrictions and the indecency or obscenity standards of your community, area or country.
 
2.3    Digital Drum PRO, at its sole discretion, reserves the right to unilaterally remove from the Website any material that it deems to be racist, pornographic, defamatory, harassing or otherwise offensive, unlawful or illegal.  However, given the "always on" nature of the World Wide Web, it is realistic to expect that, at times, the Website will contain material that you are offended by. If you encounter such content, please immediately notify us at flag@digitaldrumpro.ca.  Digital Drum PRO will take the appropriate steps it deems necessary in its sole discretion.

2.4    The Website may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties ("Other Site(s)"). The hyperlinks to Other Sites are offered as a convenience, and do not constitute an endorsement by Digital Drum PRO of any Other Site, its resources, or its content.  Digital Drum PRO will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Other Sites. You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website, including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties.  You agree that Digital Drum PRO will not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions you may have with any such Other Site(s).  Digital Drum PRO reserves the right to deny or revoke permission to link to the Website from any Other Site for any reason in our sole discretion.

2.5    Excluding the PRO Member Content, Comments, Messages and Blog Material provided by our PRO Members, Digital Drum PRO owns all right, title and interest, including without limitation all intellectual property rights, and all derivative works or enhancements thereof, relating to the Website (and any derivative works or enhancements thereof), including but not limited to all information, content, materials, products, services, URLs, software, technology, editorial or user guidelines, documentation and the Digital Drum PRO samples, beats and music. You shall not acquire any right, title or interest therein, except for the limited use rights expressly set forth in this Agreement.  Any rights not expressly granted herein are deemed withheld.

2.5    Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, THIS WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. 

APTN ON BEHALF OF DIGITAL DRUM PRO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS OF ANY THIRD PARTIES OR ANY LAWS. 

APTN ON BEHALF OF DIGITAL DRUM PRO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NEITHER APTN NOR DIGITAL DRUM PRO SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OR FROM ANY ERRORS OR OMISSIONS CONTAINED ON, THE WEBSITE OR ANY CONTENT OR SERVICE THEREIN, EVEN IF APTN OR DIGITAL DRUM PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO CIRCUMSTANCE WILL LIABILITY EXCEED THE AMOUNT PAID FOR A GIVEN SERVICE.

SECTION 3 – PRIVACY POLICY

3.1    Digital Drum PRO is committed to preserving and safeguarding your right to privacy.  As part of this commitment, we want you to be fully aware of what happens to the personal information we collect through your PRO Membership as well as your general use of the Digital Drum PRO website at www.digitaldrumpro.ca as a Visitor (the “Website”).   The Digital Drum PRO/APTN Privacy Policy was developed to comply with the relevant portions of the Personal Information Protection and Electronic Documents Act (PIPEDA - Canada). We have drafted this Digital Drum PRO/APTN Privacy Policy (the “Privacy Policy”) to facilitate our compliance with this legislation and to demonstrate our commitment to protecting your personal information.
3.2    The following is a brief summary of our privacy practices in relation to APTN’s services generally:
Why do we need to collect your personal information?
We respect your privacy, which is why we collect personal information only for the following purposes:
•    to identify individuals;
•    to communicate with viewers;
•    to advertise, develop, enhance and provide services and products to viewers;
•    to measure and improve the effectiveness of APTN’s services, products and marketing endeavours;
•    to manage and develop APTN’s business operations;
•    to protect viewers and APTN against error and fraud; and
•    to achieve any other purpose to which viewers have provided their consent or as required or permitted by law.
When do we disclose personal information?
There are a variety of circumstances where we may need to disclose personal information to third parties. For example, APTN may disclose a viewer’s personal information to:
•    a third party who in the reasonable judgment of APTN is seeking the information as an agent of the viewer;
•    a third party involved in supplying the viewer with APTN products or services;
•    a third party engaged by APTN to perform functions on its behalf;
•    to meet legal or regulatory requirements, including to protect or defend a legal interest, in connection with an actual or possible APTN corporate re-organization;
•    a third party engaged by APTN for the development, enhancement, marketing or provision of any of APTN’s products or services;
•    a public authority or agent of a public authority if, in the reasonable judgment of APTN, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; or
•    a third party or parties, where the viewer consents to such disclosure or where the disclosure is required or permitted by law.
How do we protect your personal information?
In order to protect your personal information, APTN:
•    will not collect, use, retain or disclose your personal information for any purpose other than those identified above, except with your further consent;
•    will protect your personal information with appropriate security safeguards;
•    will protect the confidentiality of your personal information when dealing with other organizations;
•    will strive to keep your personal information as accurate, complete and up-to-date as is necessary for the purposes identified above; and
•    will honour requests you may make for access to your personal information.
What are your choices?
We would like to have your consent to continue to collect, use, retain and disclose your personal information for the purposes identified above. However, you do have choices and may refuse or withdraw your consent as follows:
•    You may refuse to provide your personal information to us. 
•    You may also withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. 
However, in either case, this may limit our ability to serve you. If we do not hear from you we will assume that we have your consent to collect, use, retain and disclose your personal information for the purposes identified above and in a manner consistent with the Privacy Policy.

How does APTN’s Privacy Policy work in connection with Digital Drum PRO?

3.3    When you register for your PRO Membership on Digital Drum PRO we collect your name, username, password, e-mail address, IP address, mailing address, and telephone number. In addition, we may collect your comments, suggestions, feedback and any other communications you effect on or through the Website including through e-mail or postings on bulletin boards or chat rooms. 

3.4    In respect of PRO Members as well as non-PRO Member Visitors, we may also automatically collect general anonymous information related to your use of our Website, such as the date and time you visit the Website, the last site your computer visited before arriving at our Website, and the pages you visit on the Website. In addition, we collect “cookie” information from your browser to identify your computer and provide us with a record of your visits to our Website.  The technology used to gather “cookie” information is provided by the Internet browser you use, and may be turned off by using your browser preference buttons (collectively, the foregoing is referred to as “Usage Data”). This statistical information helps us to understand how our Website is used (e.g., which pages or sections are most popular and when are the peak activity times), which assists us in planning for future improvements to the Website.  The personal information you provide us to register your PRO Membership, or to receive e-mail communications, is used to identify who you are and, if applicable, to provide you with information you requested to receive about our products, services and promotions, updates to our Website and other Website features.
 
3.5    We also may use this information to resolve customer service requests, complaints and other queries. We may also use this information to contact you for various customer service related issues.  Cookie information is used to personalize the content and/or layout of the Website for each individual user.  We use feedback information and Usage Data to monitor and improve the use and features of the Website.  Except as set out in this Agreement, we will not sell, transfer or otherwise disclose any of your personal information to any third party without your consent.  Demographic, profile and Usage Data may be shared anonymously with third parties, but only on an anonymous and aggregate basis.  In addition, we must provide your personal information in response to a search warrant or other legally valid enquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law.  The Website may include links to third party websites (“Other Sites”). These Other Sites have separate and independent privacy policies.  Any personal information you share with these Other Sites through their website services will be administered under their privacy policies.  We have no control over third party privacy policies and therefore have no responsibility or liability for the manner in which Other Sites may collect, use or disclose and otherwise treat your personal information.

What can you do if you have questions or concerns?
3.6    If you have any questions or concerns about our privacy practices, or wish to receive a copy of The Digital Drum PRO/APTN Privacy Policy, please contact the APTN External Privacy Officer at 204-947-9331 or via e-mail at privacy@aptn.ca.
Access requests, inquiries or complaints should be addressed to:

APTN External Privacy Officer
2nd Floor, 339 Portage Avenue
Winnipeg, Manitoba R3B 2C3
Phone:  204-947-9331
Email:  privacy@aptn.ca

If your questions or concerns are not resolved after you have contacted the APTN External Privacy Officer, we would encourage you to contact the Office of the Privacy Commissioner at 1-800-282-1376 or via info@privcom.gc.ca. You may also wish to visit the Office of the Privacy Commissioner of Canada’s Internet website at www.privcom.gc.ca.

BINDING CONSENT

The PRO Membership Agreement, Terms of Use, the Privacy Policy, and any other terms and conditions posted on the Website from time to time, constitute the entire agreement between you and Digital Drum PRO with respect to the use of the Website. These Terms of Use are to be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein.  If any provision of the Agreement or the Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable and shall not affect the validity and enforceability of any remaining provisions.

If you have any questions, comments or concerns about the Website, The Agreement, the Privacy Policy or the Terms of Use, you may reach us in the following ways:

Digital Drum PRO
Phone: 1-888-278-2268 ext. 358
E-mail: inquiries@digitaldrum.ca
Skype:  DigitalDrum

    Digital Drum PRO
    339 Portage Avenue
    Winnipeg, MB
    R3B 2C3

I HAVE READ THIS AGREEMENT, THE TERMS OF USE AND THE PRIVACY POLICY AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.