LEGAL STATEMENT - TERMS OF USE
I. TERMS OF WEB SITE USE

BY USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME, FOR ANY REASON, AND WITHOUT NOTICE.

II. PRIVACY STATEMENT

This Privacy Statement is to inform you how koolfm.com gathers and uses your personal and non-personal information when you visit our web site. koolfm.com reserves the right to change this Privacy Statement at any time by notifying visitors to this web site of the existence of a new Privacy Statement.

Owned and operated by CHUM Limited, www.koolfm.com and CHUM Limited's other related web sites are committed to maintaining and protecting your privacy as a visitor.

Privacy and Accuracy

You acknowledge and agree that the internet is not a secure medium, and neither the privacy of your communications, nor visits to this web site, can be ensured. The nature of internet communications means that your communications may be susceptible to data corruption, interception and delays.

Collection of Information

We do not collect personal information about you unless you specifically and knowingly provide such information to us. This would generally happen in the case where you have entered your name in one of our contest promotions. In this case, your personal information may include your name, address, phone number, age, and e-mail address.

Non-personal information about your visiting habits may also be automatically collected through the use of "cookies." Cookies are computer files that are placed in your hard drive to remember any preferences that you may have when surfing the web. They can also tell us how often particular pages are visited.

Use of Information

If you have entered and won one of our contests, your name and city of residence may be published by us and/or our sponsors.

You agree and consent that your personal and non-personal information also may be used to generate statistics and aggregate reports for internal use by CHUM Limited and its affiliates, subsidiaries, licensees, successors, assigns, suppliers and advertisers. These statistics and reports will contain only aggregated and no personally identifiable information. Your identity is kept strictly anonymous.

Other than as indicated above, we do not currently sell, rent, share or otherwise make available your personal information to any outside parties; however, we may decide to do so in the future. If this were to happen, CHUM Limited would announce such a plan and ask for your consent to "opt-in". If you wanted to share your personal information, you would have to respond. If you do not respond, by default, we will assume that you do not want to be involved and your information will not be sold, rented, shared with or otherwise made available to outside parties.

We will not knowingly keep any personal information collected of visitors to our web sites who we know are under the age of 13, unless we obtain parental or legal guardian consent. Such information will never be sold, rented, shared or otherwise made available to outside parties without parental or legal guardian consent unless we are required to do so by court, governmental or other legal order.

We encourage and support the efforts of parents and legal guardians of children under the age of 13 to monitor their children's internet usage and to caution them against providing personal information to any web site over the web without permission.

Your privacy is important to us as a visitor to any of the CHUM Limited web sites. It is our wish to provide you with a secure and highly satisfactory experience each time you visit our web sites.

III. CONTRACTUAL ARRANGEMENTS

Trademarks and Copyrights

CHUM Limited owns and operates the koolfm.com web site. 105.3 Kool FM and koolfm.com and all other names, titles, logos, and designs identifying the products and brands of CHUM Limited and/or its affiliates and subsidiaries, including any derivative and related names, titles, logos and designs, are trademarks and the sole property of CHUM Limited. All other names, titles, logos and designs appearing on this web site are the property of their respective owners.

This web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Content") and the entire contents of this web site are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. CHUM Limited owns a copyright in the Content original to it and in the selection, coordination, arrangement and enhancement of the Content.

Any reproduction, modification, publication, transmission, retransmission, framing, misuse, misappropriation, unauthorized use, transfer, sale, distribution, performance, display, creation of a derivative work or any other exploitation of the Content or this web site, whether in whole or in part, is strictly prohibited unless the prior and express written consent of CHUM Limited is obtained. Notwithstanding the foregoing, any visitor to this web site may download the Content for personal use only provided that all copyright and other notices in the Content are maintained and the visitor agrees and acknowledges that it does not acquire any ownership or other use rights by downloading the Content.

Linked Web Sites

As a service to visitors to the koolfm.com web site, we include links to other web sites over which we have no control. CHUM LIMITED MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. A VISITOR'S DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT THE VISITOR'S OWN RISK AND DISCRETION.

Disclaimer and Limitation of Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE KOOLFM.COM WEB SITE IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO HOLD CHUM LIMITED AND ITS AFFILIATES AND SUBSIDIARIES ABSOLUTELY HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY ACTION AGAINST CHUM LIMITED AND ANY OF ITS AFFILIATES AND SUBSIDIARIES FOR, ANY CLAIMS IN ANY CONNECTION WITH THIS WEB SITE.

NEITHER CHUM LIMITED, ITS AFFILIATES AND SUBSIDIARIES, NOR ANY OF ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, EITHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO THE CITYTV.COM WEB SITE OR ITS CONTENTS.

BY USING OR ATTEMPTING TO USE THE KOOLFM.COM WEB SITE, THE VISITOR TO THIS WEB SITE EXPRESSLY ACKNOWLEDGES AND UNDERSTANDS THAT THIS WEB SITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THIS WEB SITE WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, WARRANTIES OF TITLE, WARRANTIES AS TO THE DEPENDABILITY, PRIVACY, ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THIS WEB SITE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL CHUM LIMITED, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, NOR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, OR ANY OTHER LINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT YOU AGREE IS FAIR AND REASONABLE IN THE CIRCUMSTANCES CONCERNING YOUR USE OF THE WEB SITE AND APPLIES TO ALL HARM, LIABILITY, INJURY, LOSS, COST, EXPENSE OR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF HOW SAME ARISE (WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE), AND WHETHER FOR OR IN CONNECTION WITH, WITHOUT LIMITATION, LOSS OF PROGRAMS OR OTHER DATA, LOSS OF INCOME, REVENUES OR PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES AND OTHERWISE.

Governing Law and Jurisdiction

The koolfm.com web site (excluding any linked web site) is controlled by CHUM Limited from its offices within the Province of Ontario, Canada. This web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Ontario, Canada, by accessing this web site, the visitor agrees that all matters relating to access to, or use of, this web site or any other linked web site, shall be governed by the applicable laws of the Province of Ontario and the laws of Canada, without regard to the conflicts of laws principles thereof. The visitor also agrees, and by using this web site hereby submits, to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledges that the visitor does so voluntarily and is responsible for complying with local laws. A visitor's use of this web site is void where prohibited by laws in jurisdictions to which the visitor is otherwise subject, and the visitor agrees that it shall not visit or use this site in any such circumstances. You agree and acknowledge that your use of this web site, and all transactions occurring in connection with this web site, shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. English shall be the language of this web site, and all transactions occurring in connection with this web site, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

No Solicitation

The koolfm.com web site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.