Welcome to slingspot.com (the “Site”). MIJO Corporation (“MIJO”) wants you to use and enjoy the Site, but it is important that you take a moment to read the following terms and conditions (“TAC”) relating to the operation and use of the Site.

1. THE SERVICE
The Site currently provides users with a method of delivering radio commercials and audio files (“Spots”) by enabling Spots to be uploaded and downloaded at the Site (which service, together with any enhancements, additions, deletions or other changes thereto, is referred to herein as the “Service”), shall be subject to these TAC. MIJO may modify, update or discontinue, temporarily or permanently, the Service or TAC (or any part thereof) with or without notice to you.

2. REGISTRATION REQUIREMENTS
All registration particulars provided by you in completing the registration form for the Service (“User Information”) shall be accurate, current and complete and you agree to maintain and promptly update User Information to keep it accurate, current and complete. If you provide, or MIJO has reasonable grounds for suspecting that you are providing, any information that is inaccurate, not current or incomplete, MIJO has the right to suspend or terminate your account and refuse any and all current or future use by you of all or part of the Service. MIJO may disclose to third parties certain information contained in your User Information, provided that such information will not include personally identifying information, in the good faith belief that such action is reasonably necessary to comply with applicable law or to enforce these TAC.

3. LICENCE
By accepting these TAC and uploading Spots to the Site, you grant MIJO the world-wide, royalty-free and non-exclusive license to make a preview of such Spots and make available to third parties such Spots solely for the purpose of providing the Service. You acknowledge that MIJO does not pre-screen Spots and that you shall evaluate and bear all risks associated with the use of any Spot including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Spot. MIJO shall have the right (but not the obligation) in its sole discretion to refuse or remove any Spot that is available on the Site.

4. INTELLECTUAL PROPERTY
The Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. In addition, any advertisements or information on the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MIJO or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

The Site is owned and operated by MIJO and contains material which is protected by Canadian and international copyright and trademark laws. “SLINGSPOT.COM” and “SLINGSPOT” are trademarks owned by MIJO. Certain names, graphics, logos, icons, designs, words, titles or phrases on this Site may constitute trademarks, tradenames or products of MIJO or other entities and be protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in these trademarks, tradenames or products. No use of these trademarks, tradenames or products may be made without the prior, written authorization of MIJO.

MIJO does not claim ownership of Spots. Each Spot has been created by a party other than MIJO and each Spot is the sole responsibility of the party from which such Spot originated. As a result, you, and not MIJO, are entirely responsible for, and liable in respect of, each Spot that you upload or download via the Service. MIJO does not control the content of any Spot and, as such, does not guarantee the accuracy, completeness, integrity or quality of such Spot or endorse or approve of the content of such Spot or of any of the products or services advertised by such Spot. You agree that should you obtain unauthorized access to a Spot on the Site, you will immediately email MIJO at info@slingspot.com or call MIJO toll-free at 1-877-708-SPOT (7768).

Other than with respect to a Spot, MIJO either owns, or has obtained permission of the owner to use, the intellectual property rights in the underlying HTML, text, audio clips, video clips, software, concepts, methodologies, processes and other content that is made available to you on the Site. All content on the Site is protected by worldwide copyright laws. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of, use of or access to the Service or any Spot.

5. PROHIBITED USE OF THE SITE
You agree not to use the Service to (a) upload to the Site any Spot that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Spot transmitted through the Service, (c) upload to the Site any Spot that you do not have a right to transmit under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements), (d) upload to the Site any Spot that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (e) upload to the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (f) upload to the Site any material that contains software viruses, "worms", "trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or (h) intentionally or unintentionally violate any applicable law.

MIJO reserves the right (but is not obligated) to review and edit any material uploaded to the Site.

6. INDEMNITY
You agree to indemnify and hold MIJO and its subsidiaries, affiliates, agents, representatives, employees, directors, officers or partners harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party due to or arising out of any Spot you upload to the Site, your use of the Service, your connection to the Service, your violation of these TAC or your violation of the rights of any party.

7. LIMITATION OF LIABILITY
SUBJECT TO THE NEXT SENTENCE, MIJO AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS AND PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, PROFITS, OPPORTUNITIES OR PROSPECTIVE ECONOMIC ADVANTAGES), HOWSOEVER CAUSED AND WHETHER OR NOT MIJO HAS BEEN PREVIOUSLY ADVISED OF SUCH POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, INABILITY TO USE, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF, THE SERVICE, (B) ANY UNAUTHORIZED ACCESS, COMPUTER VIRUSES, "WORMS", "TROJAN HORSES", OTHER LIMITING OR DISABLING CODES, DESIGNS, OR ROUTINES, OR OTHER ITEMS OR FORCES OF AN INTRUSIVE, DISRUPTIVE OR DESTRUCTIVE NATURE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY SPOT OR USER INFORMATION OR (D) ANY OTHER MATTER RELATING TO THE SERVICE OR A SPOT. THE LIABILITY OF MIJO AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS AND PARTNERS TO YOU OR ANY THIRD PARTY IN ANY OF THE FOREGOING CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MIJO IN THE THREE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) CDN$100.00.

8. DISCLAIMER OF WARRANTIES
MIJO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIJO MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE ACCURACY, COMPLETENESS, INTEGRITY OR QUALITY OF ANY SPOT WILL MEET YOUR EXPECTATIONS OR (D) ANY ERRORS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED. ANY SPOT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH SPOT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIJO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TAC.

9. LINKS TO OTHER SITES
Links or references to other web sites, products, services or publications (other than those of MIJO) are provided merely as a convenience to you and do not imply the endorsement or approval of such sites, products, services or publications by MIJO. MIJO has no control over such sites and makes no representations, warranties or assurances as to any information on such sites or with respect to any such products, services or publications (and disclaims any representations or opinions expressed on such sites) and MIJO has no responsibility and shall not be liable for any damages or injury arising from anything related to them, including, without limitation, their content.

10. ACCESS TO AND USE OF THE SERVICE
MIJO reserves the right, with or without notice and without restriction, to refuse or to discontinue access to the Service or to the Site, or any portion thereof, for any user or other party for any reason whatsoever. Access to the Service or Site is provided without warranty or assurance of any kind from MIJO.

11. PAYMENT TERMS
Upon uploading or downloading a Spot to or from the Site or otherwise using the Service, you acknowledge that you are entering a binding agreement to engage MIJO for the Service according to these TAC and that you will be responsible to pay for any transactions made by you at the then current transaction cost. Except where payments are made by way of credit card or other automatic debit method, invoices for the Service rendered by MIJO shall be issued on a monthly basis and you agree to settle payment in full within 30 days of the invoice date. Late or overdue payments shall carry an interest rate of 24% per annum, calculated and payable monthly. MIJO reserves the right to restrict or terminate your use and access to the Site if you do not settle your account in full as agreed. You shall be responsible for the payment of any taxes associated with using the Service. The cost for transactions on the Site is subject to change without notice and will be posted at all times on the Site.

12. NON-PERFORMANCE
No party shall be considered to be in default or liable for the non-performance of any covenant, agreement or obligation in these TAC (except for any obligation hereunder to make payments to MIJO) if such non-performance is caused by or attributable to fire, storm, explosion, accident, strike, lockout, work stoppage or slow down, act of God, any act of government, expropriation, act of vandalism, attack on the Site or any other occurrence which is beyond the reasonable control of the party affected, during the period, and to the extent, of such occurrence.

13. TERMINATION
MIJO, in its sole discretion, may terminate your password, account or your use of the Site or Service, or remove and discard any Spot, for any reason including, without limitation, if MIJO believes that you have violated or acted inconsistently with the letter or spirit of these TAC. MIJO may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Any termination of your access to the Service under any provision of this TAC may be effected without prior notice and MIJO may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. MIJO shall not be liable to you or any third-party for any termination of your access to the Service.

14. NOTICE
Notices to you may be made via either email, telecopy, telephone or regular mail in accordance with your User Information. You may also be notified of changes to these TAC or other matters by displaying notices or links to notices to you generally on the Service.

15. GENERAL
These TAC constitute the entire agreement between you and MIJO and govern your use of the Service and supersede all other agreements and understandings. No amendment, change or modification to these TAC shall be effective unless in writing and signed by you and MIJO. The headings preceding the text, articles and sections hereof have been inserted for convenience of reference only and shall not be construed to affect the meaning, construction or effect of these TAC. If any provision of these TAC is found by a court of competent jurisdiction to be invalid, you and MIJO nevertheless agree that the court should endeavor to give effect to our intentions as reflected in these TAC, and the other provisions of these TAC shall remain in full force and effect. No single or partial exercise or failure by MIJO to exercise, and no delay in exercising, any right under these TAC shall operate as a waiver of such right. The Site is controlled by MIJO from offices within the Province of Ontario, Canada. By using the Service, you agree that all matters relating to the access to, or use of, the Service or Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. MIJO makes no representation that materials (including, without limitation, the Spots) on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Site or these TAC must be filed within three months after such claim or cause of action arose or be forever barred.

If you have questions about the Terms of Use of the Site, please email MIJO at info@slingspot.com.