Terms of Use

By using this website, including all content and fuctionality available through the Noise In Niagara website, you signify your agreement to these terms and conditions of service. Noise in Niagara may, at its discretion, change or revise these terms of service at any time, and you agree to be bound by any such modifications or revisions. Noise in Niagara reserves the right to discontinue any service or aspect of the site at any time.

In order to access certain features of this website, you must create a Noise in Niagara account. You may never share or use another's account without permission, and are solely responsible for the content and activity that occurs on and through your account. You must notify Noise in Niagara immediately of any breach in security or unauthorized use of your account.

By agreeing to these terms, you agree not to distribute any part of the website, access content or user submitted material through any means other than the website itself, nor use or launch any automated system including 'robots', 'spiders' or 'offline readers' that accesses the servers in a manner that is greater than what a human user can reasonably do in the same period of time using a conventional web browser. You agree to access user submitted material for information and personal use only, as intended through the normal functionality of the Noise in Niagara website services.

Noise in Niagara reserves the right to terminate a user's access to the website for any reason, including, but not limited to, copyright infringement, harassment, submission of pornography or other obscene material, without prior notice and at its sole discretion. You affirm that you are at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations set forth in these terms of service. You also affirm that you are over the age of 13, as Noise in Niagara is not intended for children under 13. Children under the age of 13 you may not use the Noise in Niagara website or its services. These terms of services may not, under any circumstances, be transferred or assigned by you, but may be assigned by Noise in Niagara without restriction.

User Submitted Content

Users of Noise in Niagara may submit material in the form of images, MP3-format music files, and textual comments. These items are collectively referred to as 'user submissions'. You are solely responsible for your own user submissions, and all consequences of posting or publishing them. By submitting such material, you affirm that you own all necessary liscences, rights, consents and permissions to use and authorize Noise in Niagara to use all patent, trademark, copyright or other proprietary rights to any and all submitted material. You retain all ownership rights in your user submissions, however, by submitting user submissions, you hereby grant Noise in Niagara a worldwide, non-exclusive, royalty-free liscence to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with Noise in Niagara and its successors business, without limitation, for promotion and redistribution on part or all of Noise in Niagara site or its affiliates.

You hereby grant each user of Noise in Niagara a non-exclusive liscence to access your user submissions through the website, and to use, display and perform such user submissions as permitted through normal functionality of the Noise in Niagara website. User submission made available by you through the Noise in Niagara site terminate these granted liscences within a commercially resonable amount of time after you remove or delete your user submissions from the Noise in Niagara website. You understand and agree, however, that Noise in Niagara may retain indefinitely, but not display, distribute, or perform, server copies of submissions that have been removed or deleted. You agree that all user submissions do not include material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary, privacy or publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant liscencing rights in regards to the Noise in Niagara website, and affirm that all submitted material is in full compliance with applicable local, national and international laws and regulations.

Comments are made available for information and personal use only as intended through the normal functionality of the Noise in Niagara website services. Comments are presented 'as is' and may not be copied, reproduced, transmitted, broadcast, displayed, sold, or liscenced. Noise in Niagara does not claim any responsibility for the content of user-submitted contents and the content or views expressed by those comments do not neccessarily represent the viewpoints of Noise in Niagara or any of its staff. You understand and accept that when using the Noise in Niagara website and services, you may be exposed to user submissions from a variety of sources. Noise in Niagara is not responsible for the accuracy, usefulness, safety, or intellectual property rights of such comments, and accept that such comments may be inaccurate, offensive, indecent or otherwise objectionable, and waive any legal or equitable rights or remedies you may have against Noise in Niagara with respect thereto, and agree to hold Noise in Niagara, its staff, and its affiliates, harmless regarding these manners in the fullest extent allowed by law.

Noise in Niagara does not endorse any user submission, or any opinion or advice expressed therein, and expressly disclaims any and all liability in connection with all user submissions. Noise in Niagara does not tolerate nor permit copyright infringement, intellectual property infringement, or illegal material on its website and will remove all content and user submissions that violate these conditions if properly notified. Noise in Niagara reserves the right to remove any user submission or content at any time without notice.

Noise in Niagara Site Moderation Policy

1. Content featuring any material defined under the law as ‘hate speech’, including but not limited to sexist and racist material, will be removed from the site without notice or warning.
2. Posting of illegal content, or linking to illegal content, will result in the removal of the post, an immediate ban from the site for the offending user or IP range, and a forwarding of all evidence to appropriate law enforcement.
3. Pornographic, obscene, or otherwise inappropriate content for public display will be removed without notice or warning. If the management deems the content particularly obscene, a site ban will be issued immediately to the offending user or IP range.
4. Content defined as ‘flaming’ – content designed by its nature solely to provoke a negative response, or upset other users, will be removed from the site without notice or warning.
5. Swearing is permitted on the site in moderation, and in a neutral or positive tone (ie ‘This band is f*!$g great’) Use of vulgar language in an aggressive or inflammatory tone, or, at the management’s discretion, it is found to be excessively used or circumventing the spirit of this policy, will see that such content removed and/or warning issued to the offending parties. It is strongly encouraged, but not strictly required, that any uploaded music that contains vulgar or offensive language be noted as such somewhere in the band’s profile information.
6. Excessive off-topic comments or discussion, including but not limited to political discourse and religious discourse, are strongly discouraged and may be removed at the discretion of the management without notice. Users are encouraged to post comments and materials relevant to the articles, sections or entries they are found on.
7. Content which is designed to purposely break, alter, or circumnavigate features of the site are prohibited and will be removed without warning or notice. Attempting to purposely break or damage the site or compromise site data will result in an immediate ban for the offending user or IP range.
8. Noise in Niagara reserves the right to remove any posts or content from the site at any time and for any reason, based on the discretion of the management. Blatant violation of the site rules, repeatedly breaking rules or policies, or posting proprietary site information allow the management to suspend or ban any offending user account or IP range for an indefinite period.

Noise in Niagara Advertisement Policy

1. Advertisements and advertisement space provided for free as part of deals or promotions with Noise in Niagara must be renewed within the first week of each month, subject to the renewal decisions and pre-existing agreements made through the Noise in Niagara management. If free advertisement space is provided to a client after the first week of each month, then it is considered advertisement provided for the following month in regards to renewal. Free advertisement after the initial period is not implied and must be renegotiated during each renewal period by all interested parties.
2. The management reserves the right to remove an advertisement skyscraper/banner if it is found to have inappropriate, incorrect, or invalid information, or is found to violate or circumvents any rule found in the Moderation Policy, at its discretion. In this event, a good faith email will be sent to the party for which the ad belonged noting which reasons the advertisement was removed, and what changes are required in a timely fashion for the advertisement to be reinstated.
3. All official advertisement on the page takes the form of a 160x600px skyscraper advertisement, displayed in random rotation on the My Bands, My Venues, and My Ad/Events page. All pages draw from the same pool of advertisement and no advertisement is given priority over any other in the randomized rotation.
4. Interested parties may also advertise for free through the add Ads/Events utility, but content not related to the Niagara Region music scene will be removed from this section, and there is no guarantee the advertisement in question will be seen.
5. In the event Noise in Niagara has extended an offer to create an advertisement for an interested party on the site, it is understood the advertisement will be completed based on time constraints of the staff, and excessive requests for revisions will result in the offer being retracted. The interested party will be permitted up to 3 redesigns of the advertisement in the conceptual stage free of charge, and one alteration to the advertisement’s information or images each month. It is the responsibility of the interested party to provide all required copy and images for the advertisement that are specifically required. Further alterations or modifications to the site will be done at the interested party’s expense, either through a third party or negotiated on a case-by-case basis through the Noise in Niagara management.
6. All images and information found in Noise in Niagara advertisements are certified by the party supplying the image or copy to be true, and all images and text are certified as the intellectual property of the supplying party, implicit when the images, copy or advertisement is given to the Noise in Niagara management. Parties supplying such materials to Noise in Niagara acknowledge that Noise in Niagara is not responsible for the content of any of its advertisements, or damage incurred as a result of their existence on the site. Advertisements found in violation of this policy will be immediately removed and the offending party notified.