This contract is an agreement between Quebecor Media Sales (hereinafter “QMI”) and the internet user using or browsing this site as well as the sites of QMI’s affiliates or that form the subject of a hyperlink authorized by QMI herein (collectively, the “Site”).
1. Acceptance of Terms.
Acceptance and services of the Site. The Site provides access, over the internet, to the information available at the time of connection. The Site offers a wide range of information and, if applicable, services, among other things giving access to content related to programs of the QMI network and its company, as well as other functionalities that are specific to the Site. The Terms apply to all of the Site and the products and services provided by QMI, if applicable. By using the services offered, you declare that you are using the services offered by QMI on the Site in accordance with the applicable law and the Terms.
2. Copyright and trademarks.
Respect for intellectual property. All content created, developed, broadcast, communicated, prepared, generated or reproduced by QMI on the Site (including, without limitation, texts, illustrations, images, codes, trademarks and URLs) as well as the selection, composition and arrangement of such content are the property of QMI or are licensed from third parties and are protected by law and copyright worldwide. You are therefore prohibited from copying, reproducing, modifying, reformulating, reediting and, more generally, using the components of QMI’s Site, in whole or in part, without QMI’s prior written permission. No licence or right of use is granted to you or may be inferred from your registration on the Site (if applicable) or your browsing of the Site. More specifically, you are prohibited from modifying, copying, distributing, publishing, sending, broadcasting, reproducing, compiling, arranging or saving QMI’s content and creating compilations, including QMI content, in whole or in part, or sending such content to anyone whomsoever in any manner whatsoever, including by reproducing or sending an excerpt of the content with or without a hyperlink, unless you obtain QMI’s written permission or are expressly permitted to do so by law or the functionalities of the Site. You are further prohibited from selling or profiting in any manner whatsoever from the content, information, software, products or services obtained from the Site and from creating compilations and works derived from the aforementioned components.
3. User name and password.
Confidentiality. You are responsible for keeping your account and the password associated with it confidential. QMI will not be liable for any unauthorized use of your account, and you agree to bear all liability for any acts committed by anyone using your password. If the confidentiality of your account is compromised, you must notify QMI as soon as possible, at the address provided, to avoid possible fraudulent use. QMI will not be liable for any loss or damage resulting from non-compliance with the security measures set out in this section. Carefully read the sections of these Terms entitled LIMITATION OF LIABILITY and INDEMNIFICATION to acquaint yourself with the extent of the liabilities with respect to the Site.
4. Use of online communication services.
Accuracy of information. When registering online to create an account on the Site, you represent and warrant that you will provide only information that is true, accurate, up to date and complete and that you have all necessary authorizations to do so. You undertake not to create a false identity or use false information. You undertake, at all times, to keep your account information up to date and as accurate as possible and to modify your account accordingly as soon as there are any changes or you become aware of any changes. At no time are you allowed to use the services of the Site or the Site or create an account for the purpose of misleading anyone.
False information. If you provide information that is false, inaccurate, misleading, incomplete or not in compliance with the Terms, QMI reserves the right, in its sole and absolute discretion, to suspend or terminate your account with or without notice and to notify the competent authorities.
Netiquette. To make the experience of browsing the Site as pleasant as possible for everyone, use of the online communication services of the Site must at all times be in compliance with the Terms. Any actions you take while participating in forums, chat rooms, blogs, interactive components and, more generally, any page of the Site where you can leave comments, express yourself, contribute to and enrich the online content with your elements, including, without limitation, any post, note, data, comment, addition, animation, article, publication, text, link, hyperlink, hypertext, photo, image, file, video, music, audio and/or video element, webcasting and, more generally, any information or content generated by you in any form whatsoever (hereinafter the “Contribution”), must at all times be in compliance with the Terms.
Nature of comments. Any Contribution that is abusive, defamatory, obscene, offensive, discriminatory, racist, violent or sexist or that contains illegal material or infringes intellectual property is prohibited. Your Contribution must never be contrary to common decency, public order or the laws and regulations in force. More specifically, but without limitation, Contributions may never be pedophilic, pornographic or child pornographic or incite to crime, violence, hatred, racism, anti-Semitism, xenophobia, homophobia, war crimes or crimes against humanity. Therefore, Contributions may never, by their nature or form, incite to discrimination against any person, group of persons or family based on ethnicity, religion or race, or denigrate, defame or harm the reputation, privacy and image of a third party. Any threats, whether physical or material, harassment and cyberbullying are strictly prohibited. Your Contribution is entirely your responsibility and your words are yours alone. Your Contribution must not at any time materially damage or allow damage to the Site and its functionalities.
Copyright. You must, at all times, have all necessary rights, including, without limitation, intellectual property rights, to all your Contributions to the Site. By submitting your Contribution, you accept and acknowledge that you are granting a non-exclusive, transferable and perpetual licence to QMI for any and all media now known or hereafter devised. QMI may therefore, without any remuneration, publicly or not, broadcast, encode, distribute, reproduce (in whole or in part), modify, display, communicate, adapt, post, edit, publish, translate and, more generally, use your Contribution. You further waive any moral rights to your Contribution. Subject to the rights previously granted, you retain the intellectual property rights and copyrights to your Contribution.
Your opinion. Your Contribution is a reflection of your thoughts, preferences, tastes and, more generally, yourself. You should not suggest that your Contribution is made on behalf of a third party, unless you are expressly authorized to do so. You should not suggest or imply that QMI approves of, agrees with or endorses your Contribution, unless you are expressly authorized to do so.
Respect. Freedom of expression must be respected. Everyone is entitled to their opinion. Therefore, you must respect other people’s comments, ideas and Contributions, even if you disagree with them.
5. Illegal content.
Prohibited activities. Bear in mind that you alone are responsible for the content you post on the Site and your Contributions as well as the consequences resulting from doing so. You must not use the Site or the services to conduct or send any surveys, contests, pyramid schemes, chain letters or solicitations for political, professional or commercial purposes, engage in spamming, flooding or hacking, perform any other act for illegal purposes or divert Contributions. It is also prohibited to perform acts that might infringe on the rights of others or interfere with enjoyment of the Site and its functionalities. QMI reserves the right to delete certain data and Contributions, at its sole discretion; however, doing so is an option, not an obligation. QMI makes no representations regarding control of the content of the information available on the Site, given the volume of data and the speed at which it is transmitted through the service. QMI reserves the right to take legal action against you or anyone who fails to comply with the Terms and to notify the competent public authorities, at its discretion, of any clearly illegal activities, information or content of which it becomes aware.
Breach of Terms. QMI, its directors, representatives, officers, employees, agents and mandataries reserve the right, at their discretion, to delete all or part of any Contribution to the Site that, in their opinion, violates the Terms. QMI reserves the right, in its discretion, to delete and/or suspend your profile and/or your account in the event of serious or repeated breach of the Terms, with or without prior notice.
Limit. QMI, its directors, representatives, officers, employees, agents and mandataries will not be liable for any Contributions, content and opinions posted on the Site. The statements and Contributions made are solely those of their authors. QMI, the Site, QMI’s directors, representatives, officers, employees, agents and mandataries do not endorse the intentions or value judgments contained in such statements and Contributions. QMI, its directors, representatives, officers, employees, agents and mandataries reserve the right, at their sole discretion, to edit and/or delete any messages and Contributions that are not in compliance with the Terms. QMI, its directors, representatives, officers, employees, agents and mandataries may also suspend all or part of the Site at any time, without further notice.
6. Safety of children and adolescents on the internet.
An ever growing number of children and adolescents use the internet and benefit from it in multiple ways. However, as with any other environment, they can become the targets of crime or exploitation because they are more vulnerable. That is why we recommend that you monitor the use of your internet service by your children, adolescents and any person in your custody and that you offer them common sense and safety tips and recommendations. Such measures often allow us prevent them from being exposed to offensive data and from becoming victims of harassment or other criminal acts. To reduce the risk that your children, adolescents and any other person in your custody will be exposed to such data, reasonably supervise their use of your internet service. Your children, adolescents and any other person in your custody should be aware that they should never disclose personal information or use items such as their name, telephone number or address to identify themselves, in particular on forums, in chat rooms, by email, on electronic bulletin boards, blogs, micro-blogs or any pay on a website. It is important to encourage them to share their concerns with you if they receive messages that make them uncomfortable or shock them. These recommendations will help them browse the internet as informed users and will allow you to ensure that they take advantage of all that the service has to offer to further their development.
7. Network security and efficiency.
Unauthorized use. QMI guarantees neither the complete security nor the efficiency of the Site. Hackers may penetrate the server. It is therefore important to bear in mind, BEFORE YOUR REGISTER, USE YOUR ACCOUNT (IF APPLICABLE), BROWSE OR CONTRIBUTE TO THE SITE, that ill-intentioned individuals may access the servers of the Site and use certain personal information for their own purposes. UNDER NO CIRCUMSTANCES will QMI, its directors, officers, employees or agents be liable for hacking or any damage or loss you may suffer as a result thereof.
Site outage. The Site may occasionally experience outages or programming errors caused by updates or events that are beyond QMI’s control. Neither QMI, nor its directors, officers, employees or agents will be liable if you are unable to browse, use or access the Site for any reason (for example, poor understanding, defective telephone line, incompatible modem, damaged cable, incorrect configuration, wrong browser). Moreover, QMI reserves the right to make the Site or the services temporarily unavailable to perform maintenance or updates.
8. External links.
External links on the Site. QMI or a third party may provide a link to other websites or sources. QMI has no control over such websites and sources and is neither responsible for nor does it guarantee the availability of such external websites and sources. QMI neither endorses nor approves of the content to which such websites or sources give access and disclaims all liability and warranty with respect to such content. QMI reserves the right to insert advertising messages on the entire Site, which may result in links to other websites. At no time does QMI approve of or is QMI responsible for the ideas, opinions, products, services or, more generally, the content conveyed in the advertising messages and on other websites.
9. Limited liability.
Limit - User. QMI, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, mandataries or representatives will not be liable in any way for any damages, including compensatory damages, whether direct or indirect, or any other damages of any kind whatsoever that you or any other person may suffer as a result of advice, notifications, opinions, recommendations, Contributions or information obtained on the Site, any technical equipment or technology whatsoever on the Site or any human or technical error that may occur at any stage whatsoever, technical problems or defects of the electronic network or the communications network, online computer systems, servers, computer equipment, software, data transmission or any other technical or overload problem of the Site. QMI will not be liable for any loss, in whole or in part, of any content, including during any upload, alteration or modification by QMI, you or third parties. QMI 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 children or adolescents in their custody. You alone are responsible for any content and Contribution you generate on the Site. QMI will not be liable for fraudulent or malicious use of the Site and its service.
Liability of users. QMI is not liable for the content, actions and Contributions generated by you or third parties on its Site or in connection with the Site. You agree that you alone are responsible for your Contributions and acknowledge that you have made them with full knowledge of the facts. QMI will not be liable for any breach of the Terms by you, a third party or with a third party. Furthermore, QMI, the Site, QMI’s directors, representatives, officers, employees, agents or mandataries do not in any way endorse your comments, content, intentions or opinions or those of third parties. Therefore, you will take up the defence on behalf of QMI and its subsidiaries, parent company, officers, agents, representatives, directors and employees in the event that legal proceedings are instituted against QMI following a breach of the Terms by you or any person who has access to your account.
11. Force majeure.
Not liable. QMI will not be liable, including, without limitation, for any delay, non-performance, interruption, suspension, reduction or disruption, in whole or in part, of any of its obligations or for any damage or loss you may suffer if such delay, non-performance, interruption, suspension, reduction, disruption, damage or loss are the result of an event of force majeure or circumstances beyond QMI’s control, including lock-outs and strikes.
12. Governing law and amendments.
Governing law.This contract is governed by the laws applicable in the Province of Quebec. You hereby acknowledge that any dispute arising from or related to the use of the Site and the contract will be subject to the jurisdiction of the courts of the district of Montréal, in the Province of Quebec.
Amendments. The Terms may be amended by QMI at any time, including, without limitation, to reflect changes to the Site. QMI may add, modify or remove Terms, elements and functionalities of the Site, in particular in light of technical developments and legislative amendments. Such amendments will take effect as soon as they are published. You must therefore check these Terms on a regular basis and undertake to stop using and browsing the Site immediately if you disagree with the Terms. If you do not agree to these Terms, you must refrain from creating an account (if this functionality exists), contributing to the Site and visiting and browsing the Site. Your continued use of the Site after amendments to the Terms have been made implies and confirms that you agree to all of the Terms, including any subsequent amendments that QMI may make from time to time.