Radio Station: Kiss 92.5 (the “Station”)
Station Address: 333 Bloor. St. East. Toronto, Ontario M4W. 1G9 (the “Station Address”)
Station Website: legacy-www.kiss925.com (the “Station Website”)
Loyalty Club: KiSS Club (the “Loyalty Club”)
Please read these Registration Terms and Conditions carefully, as they constitute a binding agreement (the “Agreement”) between you and Rogers Broadcasting Limited (“Rogers”), owner and operator of the Station. Specifically, this Agreement governs your participation in the Loyalty Club and the services offered by Rogers in respect such Loyalty Club (collectively, the “Service”). As used in this Agreement, “you” and “your” refer to the user of the Service.
This Agreement exempts Rogers and other persons from liability, and contains provisions governing your eligibility to use, and your use of, the Service.
Each time you use the Service, the text of this Agreement, as it then reads, will govern your use. In addition, when using certain features of the Service, you will be subject to any posted guidelines or rules applicable to those features. All of such guidelines or rules are hereby incorporated by reference and made a part of this Agreement.
Please note that the Service may be used only by those who are 13 years of age or older. If you are 13 years of age or older, but have not reached the age of majority or legal age in Canada, you must have permission from a parent or guardian to use the Service.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and Rogers, and governs your use of the Service. Each time you use the Service, you signify your acceptance and agreement to be bound by this Agreement. You agree to comply with all applicable laws and regulations, and you represent and warrant that you have the legal authority to agree to and accept this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not participate in the Loyalty Club and you may not use the Service.
The Service is for personal use only and only natural persons may be members of the Loyalty Club. Businesses, corporations, joint ventures, partnerships, groups, organizations or associations are not eligible to participate in the Service.
You represent and warrant that you are either of legal age to form a binding contract, or if you are 13 years of age or older but have not yet reached the age of majority in your province or territory of residence, you have the permission of a parent or guardian to use the Service. The parent or guardian, along with all users who have reached the age of majority or legal age in their jurisdictions, must also be able to form legally binding contracts under applicable law.
Participation in the Service is open to all Canadian residents meeting the age criteria noted above, who reside within the listening range of the Station. For greater certainty, “within the listening range of the Station” means that you must be able to access the Station’s terrestrial broadcast without recourse to satellite radio, the Internet (including, without limitation, simulcasting), cable television, an application (including, without limitation, a web, digital or telephone application), or any other non-traditional listening device or tool. Whether or not an individual resides within the listening range of the Station will be determined by Rogers in its sole discretion.
3. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. However, Rogers may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Service from time to time, for any reason, without liability to you or any other person. If Rogers makes material changes to this Agreement, Rogers will make reasonable efforts to notify you by posting an announcement on the Service and/or by sending you an email. Material changes to this Agreement will be binding thirty (30) days after such changes have been introduced and for which notification of such material changes has been made.
We encourage you to check for revisions to this Agreement each time you access the Service. Your continued use of the Service following the posting of any changes to this Agreement constitutes your acceptance of those changes.
To become a Loyalty Club member, you must register for the Service. By registering for the Service, you represent, warrant and covenant that you provide Rogers with complete, accurate, and truthful registration information, including, but not limited to, your name, email address, password, and postal code. You agree to keep your registration information up-to-date over the course of your use of the Service, and you acknowledge and accept that failure to do so shall constitute a breach of this Agreement (which may result in a permanent or temporary suspension of your account, as determined by Rogers in its sole discretion), and may hinder your ability to participate in the Service or in any aspect or offering of the Service.
In respect of the Service, you shall not provide any false personal information to Rogers (including a false name) or create an account for anyone other than yourself, nor shall you use an account that is subject to the rights of any person other than yourself. Rogers will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Rogers or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information in a timely fashion. Rogers may require a copy of a government-issued form of identification before making any changes to your registration information.
Rogers reserves the right, in its sole discretion, to refuse registration, refuse service, terminate your account, or suspend your account for any reason whatsoever, including, without limitation, if it finds (in its sole discretion) that you are tampering with, attempting to tamper with, undermining, or attempting to undermine, the legitimate operation of the Service.
You are solely responsible and liable for activity that occurs on your account and you shall be responsible for maintaining the confidentiality of your account password. You agree that you shall immediately notify Rogers in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. You acknowledge and agree that Rogers and/or its authorized representatives may access your account information, including your password information, for account troubleshooting and/or verification purposes or otherwise in connection with the provision of the Service in accordance with the terms set forth herein.
Should you ever decide to delete your account to the Service, you may do so by e-mailing ClubKISS@kiss925.com from the email address that is associated with your account with the subject line DELETE ACCOUNT. An administrator will delete your account and send you a confirmation that your account has been deleted.
Participation is expressly limited to one account per person.
The Service is made available to you for your lawful use only. You understand that your account and your ability to access and use the Service is dependent on your compliance with this Agreement. Breach of this Agreement and any of its provisions may result in restriction or termination of your ability to access and/or use the Service.
Once registered for the Service, you can earn Loyalty Club points (“Points”) in a variety of ways, as described by the Station or on the Service from time to time. These Points can be used on the Service in a variety of ways as indicated from time to time by the Station or on the Service, including without limitation, to enter Station contests.
To redeem Points on the Service, you must have the requisite number of Points (as specified from time to time) in your account. Failure to comply with instructions regarding Points accumulation or redemption, or failure to be honest and forthcoming in your use of the Service in respect of the number of Points in your account, may result in your disqualification, the forfeiture of all or some of your Points, or account termination, as determined in the sole discretion of Rogers.
As a condition of your use of the Service, you acknowledge and agree as follows:
Points have no monetary value whatsoever and cannot under any circumstances form the basis of a monetary claim against Rogers;
Points are personal and cannot be assigned, traded, willed or otherwise transferred (other than with the consent of Rogers, which consent may be withheld in its absolute discretion) and any assignment or transfer in violation of this Agreement will be void and may, at the discretion of Rogers, result in the termination of your account or the cancellation of the affected Points;
Rogers assumes no liability to you whatsoever, including without limitation, liability by reason of the termination of, or amendment to, the Service, in whole or in part, including without limitation the elimination or modification of your ability to earn or redeem Points;
Rogers assumes no liability in respect of rewards or benefits claimed or otherwise in connection with Points accumulation or redemption. You agree that Rogers and any of its affiliates or representatives are not responsible for any and all liability arising as a result of any accident, loss, injury or damage caused by any rewards supplied or requested in connection with the Service;
You shall be responsible for any taxes, fees, or other charges imposed by or with the authority of any government or governmental authority in respect of any rewards or benefit related to your use of the Service; and
You shall be responsible for advising Rogers of any change to your account information. Rogers shall not be liable for misdirected communications, or any consequences thereof.
If you choose to enter a Station contest by means of the Service, you acknowledge and agree to be bound by the particular contest rules as may indicated from time to time on the Station Website, by a Station representative, or by means of the Service.
6. MISPRINTS AND ERRORS, PRICES AND PURCHASES
Rogers endeavours to provide current and accurate information through the Service. Nevertheless, misprints or other errors may occur. Accordingly, Rogers reserves the right to change the number of Points stated in respect of a particular reward or contest from time to time without any notice or liability to you or any other person.
Rogers strives to make your use of the Service a useful experience. Nevertheless, Rogers does not accept any liability for your use of the Service. For that reason, the following provision applies to your use of the Service:
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF ROGERS, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
8. TERMINATION OF THIS AGREEMENT AND THE SERVICE
If you breach any provision of this Agreement, you may no longer use the Service, except as otherwise determined in the sole discretion of Rogers.
Rogers may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Service or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
As noted above, Rogers may at any time and for any reason, with or without cause, with or without notice or liability to you or any other person, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Service and your login name and password.
9. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your use of the Service, and all related matters are governed solely by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding rules of private international law or conflict of laws which would lead to the application of any other laws.
Any dispute between Rogers and you or any other person arising from, connected with or relating to the Service, this Agreement or any related matters must be resolved before the Courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
10. OTHER MATTERS
If any provision contained herein is found to be void, invalid, unlawful, or otherwise unenforceable by a court of competent jurisdiction, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Rogers, which may be withheld in Rogers’ sole discretion. Rogers may assign this Agreement and its rights and obligations under this Agreement without your consent and without notice to you.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and Rogers are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Service.
Any rights not expressly granted by this Agreement are reserved to Rogers. Last updated: