Terms of Use

It is important to read all the terms and conditions carefully. Genium360 is the owner and administrator of the https://genium360.ca/ website (the “Website”) and the https://www.geniumsonar.ca/ professional platform  (“Genium SONAR”). When you visit and use the Website or Genium SONAR, you agree to be bound by the present terms and conditions (the “Terms of Use”) as well as Genium360’s Privacy Policy. If you do not accept these Terms of Use, you must refrain from accessing the Website or Genium SONAR and using them. Genium360 may revise these Terms of Use at any time by updating the present Web page. Use of the Website or Genium SONAR subsequent to the posting of such changes shall constitute acceptance of the revised Terms of Use. We invite you to visit this page periodically.

All articles, texts, illustrations, images, photographs, information, audio clips, video clips, software and code available on the Website or Genium SONAR (the “Content”), including the manner in which the Content is presented, are protected by Canadian and foreign laws, especially in terms of copyright, and are the property of Genium360, its licensors and/or the person credited as the provider of the Content. You agree to abide by all other copyright, information and restrictions notices on or within the Content that you may access through the Website or Genium SONAR and/or the specific features or capabilities that the Website or Genium SONAR offer their users (the “Features”). Genium360 grants you a non-exclusive, non-transferable license to use and display the Website, Genium SONAR and/or the Features on your computer or other electronic device solely for personal, non-commercial, single-user screen display and reproduction in one copy, for back-up or hard copy, provided that you do not modify the Content and that you retain all copyright notices.

 

The modification, reproduction, distribution, transmission, broadcast, display, posting on networks, marketing, publication, licensing, public performance, downloading, creation of derivative works, posting on the Internet, sale and any exploitation of the Website, Genium SONAR, the Content or the Features, including, without limitation, caching, framing or other similar means, is prohibited.

All software integrated into or contained within the Website, Genium SONAR and the Features or found within, including, without limitation, any type of machine code, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights. All such software is the property of Genium360 or its licensors.

 

You may not: i) use, reproduce, modify, adapt, translate, download or transmit the software in whole or in part; ii) sell, rent, license, transfer or otherwise provide access to the software; iii) modify, remove or cover any trademark or proprietary notice contained in the software; and/or iv) decompile, disassemble, decrypt, extract or reverse engineer the Website, Genium SONAR or the Features and their components, including, without limitation, the software, or assist any other person to do so.

 

Nothing on the Website, on Genium SONAR or in the Features shall be construed as conferring any right, title, interest or other license to you in or of any software incorporated in the Website, Genium SONAR or in the Features or which may be downloaded, including, without limitation, any intellectual property rights in the software.

The Website, Genium SONAR, the Features and the Content are provided “as is” and “as available”. You browse and use the Website, Genium SONAR and the Features at your own risk. Genium360 makes no representations or warranties with respect to the Website, Genium SONAR, the Features and the Content, including, without limitation, warranties (i) as to merchantability, fitness for a particular purpose of the Content or non-infringement of intellectual property rights; (ii) that the Website and the Features will operate securely or without interruption or error; (iii) that use of the Website, Genium SONAR or the Features will meet your needs and expectations; iv) as to the accuracy, completeness, reliability or suitability of the Website, Genium SONAR, the Features and the Content; v) as to the correction of defects or errors in the Website, Genium SONAR and the Features; vi) as to the absence of viruses or harmful components in the Website, Genium SONAR and the Features; and vii) as to the secure or unintercepted transmission of communications through the Website, Genium SONAR and the Features.

In no event shall Genium360 or its directors, employees, agents, licensors or their respective successors and assigns be liable for any damages whatsoever, including indirect, special or accidental damages, arising directly or indirectly from the use or performance of the Website, Genium SONAR, the Features or the Content referred to therein or on any other site you may access, even if they knew of or should have known of the possibility of such damages.

Genium360 and its directors, employees, agents, licensors or their respective successors and assigns, disclaim all liability for any acts, omissions or conduct of any third-party user of the Website, Genium SONAR and the Features and of any advertiser or sponsor of the Website (the “Third-Party Users”) and shall not in any case be liable for any prejudice, loss, damages (including, without limitation, special, indirect or incidental damages) or costs arising in any way out of (i) the acts, omissions or conduct of any Third-Party User; and ii) the use of, or the inability to use, any software, Content, goods or services of or available through any site linked to the Site Website or to Genium SONAR.

You agree to indemnify, defend and hold harmless Genium360 and its directors, employees, agents, licensors and their respective successors and assigns from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including without limitation legal fees and disbursements, resulting directly or indirectly from: (i) your breach of the Terms of Use; (ii) your browsing, use or inability to browse or use the Website, Genium SONAR and/or the Features or any site to which the Website or Genium SONAR is or may be linked from time to time; (iii) your use of, or reliance on, publications, communications, distributions or downloads of any kind through the Website, Genium SONAR and/or the Features; and/or (iv) your violation of any applicable law or regulation. You agree to cooperate with us in contesting any claim.

Genium360 may at any time, without notice, in its absolute discretion and without cause, terminate your right to access and use the Website or Genium SONAR (or any part thereof).

The information contained within the Website and Genium SONAR is for information purposes only. It is not intended as legal, accounting, tax, investment, financial, medical or other advice, and you should not rely on the information for such advice.

Hyperlinks to Third-Party Sites

While Genium360 encourages hyperlinks toward the Website and Genium SONAR, it does not wish to be linked to any Third-Party Site that i) contains, displays or transmits any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise be a violation of any local, state, provincial, national or international law or regulation, that is likely to damage or harm the activities, businesses, credibility or integrity of Genium360 or that contains, displays or transmits any material or information whatsoever that promotes racism, sectarianism, hatred or any form of bodily harm against any group or individual, that may be harmful to minors, that intends or advocates the harassment of another person, offers material of a sexual or violent nature in which minors are exploited, provides instructions on illegal activities, including, without limitation, the manufacture or purchase of illegal weapons; or ii) contains, displays or transmits any information, software or other material that violates or infringes upon the rights of others, including material that constitutes an invasion of personal privacy or publicity rights, or that is protected by copyright, trademark or other proprietary right. Genium360 reserves the right to prohibit or refuse to accept any hyperlink to the Website or to Genium SONAR, including without limitation any hyperlink that contains or offers content or information of the foregoing nature, at any time. You agree to remove any hyperlink you may have to the Website upon Genium360's request.

In order to use certain functions of the Website or Genium SONAR, you may also require a user name and password, which will be communicated to you at the end of the registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify Genium360 immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you log out from your account at the end of each session. Genium360 shall not be liable for any loss or damage arising from Genium360's failure or your failure to protect your password or account information.

The Website and Genium SONAR offer features that allow you to post messages and Content, participate in discussion forums, interact with Genium360 and other users, and download or upload files, documents and other materials (collectively, “submissions”). When using any of the features of the Website that allow you to post, download, upload or make submissions, you are required to observe our Rules of netiquette and to not: i) interfere with or inhibit any other user from using or enjoying the Website or Genium SONAR, interfere or attempt to interfere with the proper working of the Website or Genium SONAR, or do anything that in Genium360's absolute discretion unreasonably or disproportionately overloads Genium360's Website or Genium SONAR infrastructure; ii) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; iii) post or transmit any submission, including but not limited to articles, images, stories, software or other material that violates or infringes upon the rights of others, including material that constitutes a breach of privacy or publicity rights or that is protected by intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary right, or derivative works thereof, without first obtaining the permission of the owner or holder of such rights; iv) post or transmit any submission that promotes racism, sectarianism, hatred or bodily harm of any kind against any group or individual, that may be harmful to minors, intends or advocates harassment of another person, offers sexual or violent material in which minors are exploited, provides instructional information about illegal activities, including, but not limited to, the manufacture or purchase of illegal weapons; v) post or transmit a submission that solicits passwords or personal identification information from other users for commercial or illegal purposes; vi) post or transmit any submission that contains a virus or other harmful component or that transmits or creates computer viruses; vii) post or transmit spam, chain letters or unsolicited mass mailings or junk mail; or viii) use the Website or Genium SONAR for commercial purposes, including, without limitation, posting, downloading, uploading or transmitting submissions that contain advertising or that involve commercial activities and/or sales, or that involve contests, swaps, advertising and/or pyramid schemes.

When you post, download or upload submissions to or from the Website or Genium SONAR , you grant Genium360 a worldwide, unlimited, irrevocable, non-exclusive, perpetual, royalty-free license to: i) use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform, or otherwise make available to the public such submission for any purpose; and ii) sublicense to third parties the unlimited right to exercise any of the foregoing rights. In addition to the license granted above, you hereby (i) agree to waive all moral rights in any submission in favour of Genium360; (ii) consent to the display of your name, address or email address, as the case may be, for your contribution of a submission, and to the disclosure and/or display of such information and any other information contained in or associated with a submission; (iii) acknowledge and agree that Genium360 shall not be liable for any loss, damage or corruption of your submissions; and (iv) acknowledge and agree that any submissions you transmit for posting on the Website or on Genium SONAR  will be considered non-confidential.

Although Genium360 cannot and will not review submissions prior to posting, Genium360 reserves the right, in its absolute discretion, to edit or remove any submission, whether or not it is contrary to the provisions hereof or otherwise objectionable. You acknowledge and agree that Genium360 may, in its absolute discretion, monitor the Website and Genium SONAR on a regular basis and disclose information as necessary to comply with any applicable law, regulation or other governmental or judicial request, to operate the Website or Genium SONAR properly, or to protect itself or other users. Any such disclosure will be made in accordance with Genium360's Privacy Policy.

Genium360 is not responsible for the content of the submissions. The submissions represent the opinions and views of the persons posting them and not those of Genium360.

While Genium360 is under no obligation to investigate any complaint regarding a submission, Genium360 may, in its absolute discretion, investigate complaints and take such action as it deems appropriate in the circumstances, including without limitation, removing the offending communication from the Website or Genium SONAR and terminating the offending party's rights to access and use the Website or Genium SONAR (or any portion thereof).

In the event that you purchase goods and/or services from the Website, you must provide complete and accurate personal information. Genium360, in its sole discretion, reserves the right at any time after receipt of your order to accept or decline your order. You acknowledge that the price of goods and services may change without notice and that goods and services are subject to availability.

In the event that, through the Website, you purchase online goods and/or services offered by third parties (“Third-Party Merchandise”), Genium360 is not responsible for the legality, quality, accuracy, reliability or any other aspect of the Third-Party Merchandise. If you make a purchase from a Third-Party Website , the information obtained during your visit and the information you provide, such as your credit card number and contact information, are collected by the Third-Party Site and not by Genium360.

The Terms of Use shall be governed by the laws of the Province of Québec and the laws of Canada, without regard to the principles of conflict of laws. You hereby agree that any dispute arising out of or relating to your use of the Website, Genium SONAR or the Features or the Terms of Use shall be subject to the jurisdiction of the courts of the district of Montréal, Province of Québec. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Genium360's consent to or waiver of any express or implied breach by you of the present Terms of Use shall not constitute a consent to or waiver of any other or subsequent breach. You may not assign or transfer the present Terms of Use or any rights and/or obligations hereunder. If any term or provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, it shall be severed from the same and the remaining provisions shall remain in full force and effect without being invalidated in any way. The Terms of Use do not create a partnership, joint venture or agency relationship between the parties. Except for those agreements with Genium360 that expressly reference the present Terms of Use, the latter constitutes the entire agreement between you and Genium360 relating to the subject matter hereof.