Terms of Use

South Asian Broadcasting Corp. has a number of related, affiliated and subsidiarycompanies and reference to “RED FM”, “we”, “us”, “our” etc. herein shall be deemed to refer to all such companies.  Reference to “you” herein refers to the person accessing or using this website and/or the official RED FM phone application (“this Site”).

Acceptance of Terms of Use

By using this Site, you agree to be bound by all of the terms, conditions, polices, rules and notices contained or referenced herein (“these Terms of Use”), including but not limited to the Privacy Policy located at toronto.redfm.ca/privacy-policy/ (the “Privacy Policy”) and any contest rules as are posted from time-to-time by RED FM (individually and collectively, “the Contest Rules”).

We reserve the right to change or discontinue any aspect of this Site, including but not limited to these Terms of Use, the Privacy Policy or the Contest Rules, at any time, by posting revisions to any of these on this Site.  You agree you are bound by all changes by continuing to use this Site, which indicates your agreement to any revisions to these Terms of Use, the Privacy Policy and/or the Contest Rules, as the case may be.  You also agree to review these Terms of Use, the Privacy Policy and the Contest Rules from time-to-time so as to keep informed of any such revisions. 

If you do not agree with these Terms of Use or any revised terms, conditions, polices, rules and notices contained or referenced herein, please do not use this Site or register as a user or if you have already registered as a user, please unregister and leave this Site immediately.

  1. Links to Third Party Sites and Services
    This Site contains links to and from websites that are operated by third parties.  The links or content found on this Site do not imply RED FM’s endorsement of any linked website or content. The linked websites or content are not under our influence or control.  We make no representations whatsoever about, and are not responsible for any third party content, including but not limited to the contents of any linked website or subsequent links or content you may find on those third party websites.  The Privacy Policy is only applicable when you are on this Site. Please review the streaming providers’ and the linked websites’ respective terms of use or service agreements and privacy policies, and if you do not agree to be bound by those terms, we recommend that you terminate your use of that service or your visit to that website.
  2. Intellectual Property
    You acknowledge that all content and materials made available on this Site, including the selection, co-ordination, arrangement and enhancement of such content, including but not limited to all content original to it, are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by RED FM or our licensors or RED FM has obtained the necessary permission from the owner of the intellectual property in such content to use the content on this Site, or RED FM is otherwise using such material as fair dealing.  Unless otherwise indicated, all logos, names, package designs and marks on this Site are trademarks or service marks of, or used under licence by, or for fair dealing by RED FM.  The use or misuse of any of these materials is strictly prohibited.  RED FM, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of this Site.
  3. Lawful Use
    You agree to use this Site and its content for lawful purposes and only as expressly permitted in these Terms of Use and for no other purpose.  Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices.  Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on this Site or otherwise in any way exploit any of the content of this Site, in whole or in part or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violate any law, or which, without RED FM’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying this Site is strictly prohibited.
  4. User’s Grant of Licence
    By posting or submitting content to this Site, you grant RED FM and its worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose.  You also represent and warrant that you own or otherwise control all of the rights to the content you post or submit to this Site and that our public posting and use of your content will not infringe or violate the rights of any third party.  We retain the right to monitor, edit or otherwise change your posting or other content submitted to this Site without your permission.
  5. Disclaimer of Warranties
    YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT“) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK.  WE DO NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.  RED FM INCLUDING ITS RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, DO NOT MAKE ANY WARRANTY THAT THE CONTENT OF THIS SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THIS SITE.
  6. LIMITATION OF LIABILITY
    UNDER NO CIRCUMSTANCES SHALL RED FM, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR FROM INFORMATION PROVIDED ON THIS SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  7. Indemnification
    You agree to defend, indemnify, and hold RED FM including its employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including lawyer’s fees, that arise from your use or misuse of this Site or the Content therein, including without limitation your violation of these Terms of Use, the Privacy Policy or any of the Contest Rules.  We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences.
  8. Monitoring Content
    We have the right, but not the obligation, to monitor the content of this Site, including any online polls, social media and bulletin boards, to determine compliance with these Terms of Use and any operating rules established by us and to satisfy any law, regulation or authorized government request.  We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on this Site without your permission.  Without limiting the foregoing, we have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding the foregoing, we are not responsible for the content that you or any user posts on any online polls, social media and bulletin boards on this Site and your reliance on any such content is solely at your own risk.
  9. Compliance with Local Laws
    By choosing to access this Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that materials on this Site are appropriate or available for use in locations outside Canada, and accessing it from territories where its Content is prohibited.
  10. Security
    The services and information provided in this Site are protected using industry standard security precautions. We provide further information regarding our security and privacy in the Privacy Policy.  However, it is your responsibility to fully understand the risks and threats of using the internet, and to be sufficiently aware of those risks so as to adequately protect your confidential information. It is your responsibility to remain current and exercise care when using the internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.
  11. Choice of Law
    This Agreement shall be construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the courts of the Province of British Columbia or the Federal Court of Canada (at the Vancouver Registry), if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
  12. Entire Agreement and Severability
    These Terms of Use, the Privacy Policy and the Contest Rules constitute the entire agreement between RED FM and you with respect to this Site and supersede all prior or contemporaneous communications and proposals between us with respect to this Site. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
  13. Unauthorized Use and Termination of Services
    You agree to use this Site only for authorized and legal activities.  We reserve the right, in our sole discretion, to terminate your access to all or part of this Site, with or without notice to you and for any reason whatsoever.
  14. Privacy, Disclosure and Contest Rules
    You have read and accept the terms of the Privacy Policy and the Contest Rules.