joomlamontreal-version-francaise

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Terms and conditions of Use

Acceptance of user terms and conditions

JOOMLA MONTREAL.COM is a privately owned company, having is place of business at 760 Chemin Marie-Le Ber, Suite 503, Montreal, Quebec, Canada - H3E 1W6. JOOMLA MONTREAL.COM is identified in terms of the present web site, hereinafter called « Web Site ».

The present user agreement (Agreement) stipulates the user terms and conditions of the Web Site. While visiting and using the Web Site, you agree to be bound by the terms and conditions hereinafter stated. Should you not accept these conditions, your only resort is to cease using immediately.

In using the service, you will:

  • obey the Law;
  • obey any codes of conduct or other notices we provide;
  • keep your service account password secret; and
  • promptly notify us if you learn of a security breach related to the service.

In using the service, you may not:

  • use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors or any customer of a JOOMLA MONTREAL.COM party;
  • engage in, facilitate, or further unlawful conduct;
  • use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  • use any unauthorized third party software;
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
  • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
  • resell or redistribute the service, or any part of the service.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By using the JOOMLA MONTREAL.COM Web Site and the services offered through it, you agree to be bound by these conditions of use and all related policies, conditions, and guidelines. If you do not agree with any of these conditions of use, you may not use the JOOMLA MONTREAL.COM Web Site.

Ownership

All that is presented or available via the Web Site, including all articles, texts, photos, images, illustrations, audio clips, video clips, software and codes (collectively, the contents) is protected by Canadian and foreign laws, in particular those having copyrights, belong to MONTREAL.COM.

You must respect all copyright laws, information and restrictions on or within the contents which can be accessed through the Web Site. Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have the written consent of the owner.

Copyright infringement

The use, reproduction, modification, making available to the public, downloading, redistribution or other forms of exploitation of the Web Site or its contents, in part or in full, is strictly prohibited without the written consent of MONTREAL.COM. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service.

Trademarks

The names and logos identifying the Web Site and JOOMLA MONTREAL.COM and its products and services are either (a) proprietary marks of JOOMLA MONTREAL.COM or (b) marks which JOOMLA MONTREAL.COM is licensed to use, and nothing in these terms and conditions shall confer on you any licence of any such mark or of any other intellectual property right of MONTREAL.COM. JOOMLA MONTREAL.COM owns the title, copyright, and other intellectual property rights in the software or content. JOOMLA MONTREAL.COM products and services referenced herein may also be either trademarks or registered trademarks of third parties. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Exoneration of warranties

We provide the service "as-is". We do not guarantee the accuracy or timeliness of information available from the service. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

While visiting or using the Web Site, you recognize and accept that doing so is at your own risks.

JOOMLA MONTREAL.COM offers no statement or warranty relating to its Web Site or contents, including no such statement or warranty regarding :

  • the accuracy, assertion and reliability of the Web Site or its contents;
  • the retailer quality or specific usage of the contents, including any information, data, software, product or service contained in the Web Site or offered through the Web Site;
  • the functioning of the Web Site without interruption or error;
  • the corrective defaults or errors in the Web Site;
  • the absence of viruses or damageable elements in the Web Site; and
  • the secure transmission or clear communication via the Web Site.

Liability limitation

You accept and acknowledge that MONTREAL.COM, its officers, employees, administrators, agents, representatives of any sort, advisors and successors shall not in any way be liable for any damage, loss, cost or expense arising directly or indirectly from your downloading of any of the contents from the Web Site, its reliability or use of any of the contents for any purpose, whether binded by a contract or not, civil responsibility (including negligence) or other, beyond one hundred Canadian dollars (100$ CAD), even if JOOMLA MONTREAL.COM was aware or should have been aware of the possibility of such damages.

JOOMLA MONTREAL.COM, in any case, is not held responsible for any loss or damage as a result of not protecting your user name, password or other personal information.

Without prejudice to the foregoing generality, JOOMLA MONTREAL.COM hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the contents, including but no limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, non-infringement of third party rights or any law, compatibility, security and accuracy.

JOOMLA MONTREAL.COM declines all responsibility relating to acts, omissions and behaviour of users of the Web Site and will not be held liable, in any case, of any prejudice, loss, damage (including specific, director indirect damages) or fee resulting from any and all of the following :

  • acts, omissions or behaviour of users; and
  • the use, inability to use any software, information, goods or services of any site linked to the Web Site.

This limitation applies to anything related to:

  • the service;
  • content (including code) on third party Internet sites, third party programs or third party conduct;
  • viruses or other disabling features that affect your access to or use of the service;
  • incompatibility between the service and other services, software and hardware;
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner; and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability or negligence.

It also applies even if:

  • his remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • JOOMLA MONTREAL.COM knew or should have known about the possibility of the damages.

Parties other than JOOMLA MONTREAL.COM and its affiliates may provide services, or sell product lines on the JOOMLA MONTREAL.COM Web Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. JOOMLA MONTREAL.COM does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should review their privacy statements and other conditions of use carefully.

Should you decide to visit or use a site linked to the Web Site or its contents, any material, software, goods or services, doing so is at your own risks.

You hereby release MONTREAL.COM, its officers, employees, administrators, agents, representatives of any sort, advisors and successors from any damage incurred and agree to not establish a claim against them resulting from a purchase or the use of products or services offered via the Web Site, in particular, by third parties.

Absence of counsel

Contents provided in the Web Site are strictly informative.

In no way does any of the contents express legal, accounting, fiscal, investment, financial, medical or other type of counsel and you must not regard it as such.

Hypertext links

The Web Site and its contents incorporates links to web sites and services of third parties.

Such links are provided for your convenience only, and their provision does not constitute an authorisation by JOOMLA MONTREAL.COM for you to access such third party web sites, nor an endorsement of the content of such third party web sites by MONTREAL.COM.

You acknowledge and accept that JOOMLA MONTREAL.COM is not, and shall not be held responsible for any damage, loss, cost or expense arising from the use of such third party web sites, or products or services available through such third party web sites. JOOMLA MONTREAL.COM also offers no statement or warranty concerning third party web sites with regards to:

  • any statement or warranty regarding the legality, accuracy, reliability, existence or other element contained in the contents of third party web sites;
  • any statement or warranty regarding the retailer quality or specific usage of the contents, including any information, data, software, product or service offered through third party web sites;
  • any statement or warranty regarding the uninterrupted functioning of third party web sites, of the presence of errors, corrective defaults, absence of viruses or damageable elements or insecure transmission or clear communication through these same web sites;

JOOMLA MONTREAL.COM does not wish to be linked to third party web sites which: violate any applicable law or regulation:

  • contain content that is unlawful, untrue, harassing, libellous, defamatory, abusive, tortuous, threatening, obscene, sexually explicit, hateful, abusive, harmful or otherwise objectionable information of any sort;
  • endorse any behaviour which could constitute a criminal infraction or may be interpreted as a legislative violation of any sort which could potentially be harmful to activities, enterprises, or MONTREAL.COM’s credibility;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any other third party;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any other third party;
  • impersonates any person or entity, including any employee or representative of the owner;
  • promotes or provides information about illegal activities such as instructing, making, or buying weapons, violating a person's privacy, or providing or creating computer viruses;
  • contains, presents or transmits any information, software or other material which violates or transgresses copyright laws, including any material having the capacity to affect one’s integrity, reputation, image or other proprietary rights.

JOOMLA MONTREAL.COM may, at any time, forbid or refuse to accept the use of a hypertext link on the Web Site, including any hypertext link containing or offering content or information of an objectionable nature.

You hereby agree to withdraw any and all hypertext links that may be accessed via our Web Site upon our request.

Online shopping

You may shop online through the Web Site forvarious products and services offered by JOOMLA MONTREAL.COM.

Shopping online via the Web Site will require the you to transmit complete and accurate information such as your name, address, telephone number, e-mail address, credit card number and shipping address, or any other information requested.

The reception of an electronic form or any other type of electronic confirmation of order does not signify that JOOMLA MONTREAL.COM has accepted or processed your order.

JOOMLA MONTREAL.COM, at its absolute discretion, has the right at any moment to accept or refuse your order after reception of same.

You hereby agree that the prices of the products and services may change without notice and the products and services may vary depending on availability and function.

Should any merchandise and/or services display an inexact price caused by a typographical error or other internal error, MONTREAL.COM, at its absolute discretion, has the right at any moment to refuse your order after reception of same.

You may also, via the Web Site, buy products and services offered online by third parties (merchandise of third parties).

JOOMLA MONTREAL.COM is not responsible for the legality, quality, accuracy, reliability or any other aspect of third party merchandise.

Any information obtained by third party web sites, accessed via hypertext links through the JOOMLA MONTREAL.COM Web Site, is stored by both JOOMLA MONTREAL.COM and the concerned third party.

You hereby release MONTREAL.COM, its officers, employees, administrators, agents, representatives of any sort, advisors and successors from any damage incurred and agree to not establish a claim against them resulting from a purchase or the use of products or services offered by third parties.

Compensation

You hereby agree to not hold JOOMLA MONTREAL.COM , its officers, employees, administrators, agents, representatives of any sort, advisors and successors liable for any reclamation, demand, responsibility, expense or fee of any nature, including legal fees and disbursements resulting directly or indirectly from:

  • your violation of one or more of the user conditions;
  • your visit, use or inability to visit or use the Web Site or any other web site generally accessible through the Web Site;
  • your use of publications, communications, distributions or downloads of any nature through the Web Site, or from the fact that you relied on same; and/or
  • your violation of the legislations or rules.

Registration

In order to use certain functions available on the Website, you may be asked to register. You hereby agree to:

  • provide truthful, accurate and complete information that may be requested in a registration form; and
  • to maintain and update the information so that it is always current and the most accurate possible.

Should JOOMLA MONTREAL.COM have reason to believe that any piece of information provided is false, inaccurate or incomplete, it has the right to suspend your right of use, in part or in full, or to terminate it permanently.

The use of any information provided through the JOOMLA MONTREAL.COM Web Site by way of an electronic form is governed by privacy laws, such as those presented at the following address www.privcom.gc.ca/

Password

In order to use certain functions available on the Web Site, you may also be asked to create a user-name and password during the registration process.

In using the JOOMLA MONTREAL.COM Web Site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You also agree to advise JOOMLA MONTREAL.COM immediately of any unauthorized use of your account or password or any other breach of security and to assure the secure logout of your account after each session.

JOOMLA MONTREAL.COM will not be held responsible for any type of damage or loss resulting from its or your inability to protect your password or account information.

Third Party Account Information

You hereby authorize JOOMLA MONTREAL.COM and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint MONTREAL.COM and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting JOOMLA MONTREAL.COM and its agents to process your request and use information submitted by you to accomplish the foregoing.

Changes to the Service

You acknowledge and accept that JOOMLA MONTREAL.COM may from time to time alter any aspect of the Web Site, or any of the products or services provided through the Web Site, as it sees fit and without notice. Further, JOOMLA MONTREAL.COM may alter the terms and conditions at any time without notice. You also accept that you will have no claim for breach of contract or otherwise in respect of any such alteration.

Security

Please note that information sent or received via Internet is generally not secure and that JOOMLA MONTREAL.COM does not formulate any statement or warranty regarding the security or any communication through the Web Site, nor any statement or warranty regarding interception by third parties.

Termination

JOOMLA MONTREAL.COM can, at any moment, without notice, at its absolute discretion and without reason, terminate your right of use to the Web site, in part of in full.

It can equally terminate your right of use to the Web Site if you disobey any of the user conditions of the present Agreement.

Applicable right

While visiting and using the Web Site, you agree that all elements of use and contents are subject or provincial and federal laws, without regard to conflict of law principles.

You hereby accept and recognize the non-exclusivity of the Federal Court of Canada and/or courts of Québec.

You also agree that the dispositions stated in the United Nations Convention on international sale contracts of merchandise do not apply.

General

These terms and conditions shall be deemed to include any other policies contained on the Web Site from time to time. These terms and conditions and any other specific terms of use appearing anywhere on the Website constitute the entire Agreement of the parties in relation to the use of this site, and the terms and conditions supersede any other agreements between the parties in this matter.

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any province or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of JOOMLA MONTREAL.COM and the user under these terms and conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party’s rights under the general law, and may be waived only in writing. Delay in exercising or non-exercising of any right is not a waiver of that right.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this Web Site. Additionally, this Agreement may not be otherwise be amended except in writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

© 2004 - 2009 JOOMLA MONTREAL.COM - All Rights Reserved.

 

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