ACCEPTANCE OF THE TERMS
This contract constitutes a legal agreement between you, as the visitor using this website (the “Site”) and GROUPE AKSJ INC.
These Terms apply to the entire Site and to any products or services provided on the Site by GROUPE AKSJ INC. By using this Site, you declare that you will comply with the Terms of the Site and with all applicable laws.
All the content on this Site that was created, developed, designed or generated by GROUPE AKSJ INC. (e.g. texts, illustrations, images, codes, trademarks and URLs), as well as the selection, composition and arrangement of such content, are protected by worldwide copyright and either belong to or are licenced to GROUPE AKSJ INC. You are strictly prohibited from using the components of the Site, in whole or in part, without GROUPE AKSJ INC.’s prior written authorization. No licence or right of use is granted to you or may be inferred from your use of this Site. More specifically, unless you obtain GROUPE AKSJ INC.’s written authorization or you are expressly permitted to do so by the Site’s functionalities, you are prohibited from modifying, copying, distributing, transmitting, broadcasting, reproducing, compiling, arranging or saving GROUPE AKSJ INC.’s content, or from transferring such content to anyone in any manner whatsoever, including by reproducing or transmitting an excerpt of the content (whether or not accompanied by a hyperlink). You are also prohibited from selling or profiting in any manner from any content, information, software, product or service you might obtain from the Site, and from creating works derived from such content.
USERNAME AND PASSWORD
Be sure not to share your account information or password with anyone as this information should be kept confidential. GROUPE AKSJ INC. is not liable for any unauthorized use of your account, and you accept all liability arising from acts committed by any person using your password. If the confidentiality of your account is compromised, please notify GROUPE AKSJ INC. at [email protected] as soon as possible so we can help you avoid further fraudulent use of your account. GROUPE AKSJ INC. is not liable for any loss or damage resulting, in particular, from your failure to comply with the security measures set out in this section. We recommend that you read carefully the LIMITED LIABILITY and INDEMNIFICATION sections of these Terms for a better understanding of the scope of your and our liability with respect to the Site.
ONLINE COMMUNICATION SERVICES
You represent that all the information you have provided to us when creating your account is true, accurate, up to date and complete and that you have all the required authorizations to provide this information and create this account. You undertake not to create a false identity or provide false information. At all times, you undertake to keep your account up to date and as accurate as possible, and to modify your account information accordingly as soon as any change occurs or you learn that a change has occurred. At no time may you use the Site or its services or create an account for the purpose of misleading us or others.
If you provide information that is false, inaccurate, deceitful, incomplete or otherwise not in compliance with these Terms, GROUPE AKSJ INC. reserves the right, at its sole and entire discretion, to suspend or cancel your account with or without notice or the possibility of dispute, and to inform the competent authorities of your actions.
Any Contribution that is abusive, defamatory, obscene, offensive, discriminatory, racist, violent or sexist and that contains illegal material or infringes any intellectual property rights is prohibited. Your Contribution must not be in violation of public order or any applicable laws and regulations. In particular, but without limitation, your Contribution cannot be pedophilic, pornographic, child-pornographic or incite crime, violence, hatred, racism, anti-Semitism, xenophobia, homophobia, war crimes or crimes against humanity. Your Contribution cannot discriminate against a person or a group of people based on ethnicity, religion or race, nor denigrate, defame, harm the reputation, privacy and image of a third party. Threats, harassment and cyberbullying are strictly forbidden. Your Contribution is entirely your responsibility and your words are your own. Your Contribution must not physically damage or allow damage to the site and its features.
You must ensure at all times that you have, or have secured, all necessary rights to make your Contribution (including all necessary intellectual property rights). By submitting your Contribution, you accept and acknowledge that you are granting a non-exclusive, transferable, perpetual license to GROUPE AKSJ INC. to use your Contribution in all media, now known or hereafter devised. Accordingly, GROUPE AKSJ INC. may, without any remuneration, publicly or privately, broadcast, encode, distribute, reproduce (in whole or in part), modify, display, communicate, adapt, edit, publish, translate and generally use your Contribution. In addition, you hereby waive any moral rights in your Contribution. Subject to the rights granted above, you retain the intellectual property rights and copyright to your Contribution.
Your Contribution is a reflection of your personal thoughts, preferences, tastes, and more generally of yourself. You should not suggest that your Contribution represents or was made on behalf of a third party unless expressly authorized to do so. You cannot suggest or imply that GROUPE AKSJ INC. approves or endorses your Contribution, unless expressly authorized.
Remember that solely you are responsible for the content you share on the Site and the consequences arising from such content. You may not use the Site or the Site’s services to conduct or send any survey, contest, pyramid scheme or chain letter, or to spam, hack or commit any other act for illegal purposes. It is also forbidden to perform acts that might infringe upon another person’s rights or their enjoyment of the Site and its functionalities. GROUPE AKSJ INC. reserves the right, at its own discretion, to delete any content uploaded onto this Site. However, this is an option and not an obligation. Therefore, you understand that GROUPE AKSJ INC. does not make any representation concerning its control of the content on the Site, particularly given the volume of information available and the speed at which data can be transmitted on the service. GROUPE AKSJ INC. reserves the right to take action against you or any person who does not comply with these Terms, and to inform the competent public authorities of unlawful activities, information or content of which GROUPE AKSJ INC. is aware.
No defamatory, obscene, violent or racist content is authorized on this Site. No illegal material that violates the intellectual property of others is authorized on this Site. More specifically, but without limitation, no pedophilic or pornographic content or any content inciting crime, violence, hatred, racism, anti-Semitism, xenophobia, homophobia or praising war crimes or crimes against humanity is permitted. No content, by its nature or its form, may incite discrimination against a person, a group of persons or a family based on ethnicity, religion or race, nor may the content denigrate or defame a third party or impair the reputation, privacy or image of a third party.
NETWORK SECURITY AND EFFICIENCY
GROUPE AKSJ INC. does not guarantee the total efficiency or security of the Site. Despite Groupe GROUPE AKSJ INC.’s security efforts, it is possible that a hacker might succeed in penetrating the server. It is therefore important to bear in mind, BEFORE YOU REGISTER OR USE YOUR ACCOUNT (IF APPLICABLE) and BEFORE BROWSING THE SITE that it is possible that ill-intentioned individuals will access the Site’s servers and use certain information for their own purposes. In no event may GROUPE AKSJ INC. or any of its directors, officers, employees or agents be held liable for the acts of computer hacking or any damage or loss that this might cause you.
The Site may undergo occasional outages or certain programming errors caused by updates or certain events beyond GROUPE AKSJ INC.’s control. Neither GROUPE AKSJ INC. nor its directors, officers, employees or agents may be held liable for your inability to browse, use or access the Site at any time for any reason (e.g. defective telephone line, incompatible modem, broken cable, inadequate configuration, and incorrect browser). Moreover, GROUPE AKSJ INC. reserves the right to maintain and update the Site at all times, which may result in the temporary unavailability of the Site or its services.
GROUPE AKSJ INC. or a third party may provide a link on the Site to other websites or sources. GROUPE AKSJ INC. cannot control these other websites and sources and does not warrant or guarantee their availability or functionality. GROUPE AKSJ INC. does not endorse or approve the content on these websites or sources, and it disclaims all liability and warranties in connection with such content. GROUPE AKSJ INC. reserves the right to insert or authorize advertisements on the Site, which may result in links to other websites. At no time does Groupe AKSJ Inc. approve nor is GROUPE AKSJ INC. responsible for the ideas, opinions, products, services or, more generally, the content conveyed on such other websites.
GROUPE AKSJ INC., its subsidiaries and affiliates are in no way liable for damages, including compensatory, direct or indirect damages, or any other damages of any nature whatsoever that may have been caused to you or to any other legal or natural person resulting from advice, notifications, opinions, recommendations or information obtained on the Site, from any technology whatsoever on the Site, or from any human or technical error that may occur at any stage whatsoever, from technical problems or defects of the electronic network or the communications network, online computer systems, servers, IT equipment, software, data transmissions or any other technical or congestion problem on the Site. GROUPE AKSJ INC. may not be held liable for the loss of all or part of the content, including during upload, alteration or modification of the content by GROUPE AKSJ INC., you or third parties. GROUPE AKSJ INC. does not guarantee any traffic on the Site. Moreover, guardians, parents and other persons with parental authority remain responsible at all times for the health, welfare, monitoring, supervision and education of the minor or any other person in their custody. You are solely and entirely responsible for all content you generate and upload on the Site, if applicable. GROUPE AKSJ INC., is not liable for fraudulent or malicious use of the Site and its service.
GROUPE AKSJ INC. is not liable for the content and actions generated by you or third parties on the Site or in relation to the Site. You accept that you are solely and exclusively responsible for your content and you acknowledge that you have produced it knowingly. GROUPE AKSJ INC. is not liable for any breach of the Terms by or with you or a third party. Moreover, the Site and GROUPE AKSJ INC., its directors, representatives, officers, employees, agents or mandataries in no way endorse your comments, content, intentions or the opinions or those of third parties. You will indemnify and defend GROUPE AKSJ INC. and its subsidiaries, parent company, officers, agents and employees in the event that a lawsuit is instituted against GROUPE AKSJ INC. In connection with a violation of these Terms by you or any person who has access to your account.
GROUPE AKSJ INC. is not liable, without limitation, for any delay, non-performance, interruption, suspension, reduction or disruption, in whole or in part, of the Site or GROUPE AKSJ INC.’s obligations hereunder, nor for any damages or losses you might suffer resulting from any event beyond GROUPE AKSJ INC.’s reasonable control (a force majeure), including lock-outs and strikes.
APPLICABLE LAW AND AMENDMENTS
This contract is governed by the laws of the Province of Quebec. You hereby acknowledge that any dispute arising from or related to the use of the Site will be subject to the jurisdiction of the courts of the District of Montreal in the Province of Quebec.
These Terms may be amended by GROUPE AKSJ INC. at any time, including to reflect any changes made to the Site, such as the addition, modification or removal of certain conditions, elements and functionalities of the Site in light of technical upgrades and legislative amendments. These amendments will come into effect immediately after being published in the Terms. You should therefore check these Terms regularly because using the Site means you accept the Terms in their entirety and all subsequent amendments that GROUPE AKSJ INC. might make from time to time. If you do not agree to these Terms, you should abstain from using the Site, creating an account (if such functionality exists) or contributing to the Site (if such functionality exists) and, in the event you disagree with any amendment of the Terms, you undertake to delete your account completely as soon as possible and not to browse on the Site any longer.