Terms and conditions

 

Acceptance of the Terms and Conditions

IT IS IMPORTANT TO CAREFULLY READ ALL THE TERMS AND CONDITIONS. Genium360 is the owner and administrator of this website at www.genium360.ca (the “Website”). This User Agreement (the “Agreement”) sets out the terms and conditions governing access to, and use of, the Website. When you visit and use the Website, you agree to be bound by the terms of this Agreement and by Genium360’s Privacy Policy. If you do not accept these terms and conditions, you must abstain from accessing or using the Website. IF YOU DO NOT AGREE WITH THE CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING IT. Genium360 may revise this Agreement at any time by updating this page. Using the Website after such changes have been posted signifies that you accept the revised terms and conditions. You are invited to visit this page from time to time.

Copyright

All articles, texts, illustrations, graphics, photographs, information, audio clips, video clips, software and codes that are available on the Website (the “Content”), including the way in which the Content is presented, are protected by Canadian and foreign law, in particular with regard to copyright, and are the property of Genium360, its affiliated companies, its licensors and/or the person acknowledged to be the supplier of the content. You undertake to abide by all other copyright notices, information or restrictions on or in the Content that you can access via the Website and/or the Features. Genium360 grants you a non-exclusive and non-transferable licence to use and display the Website and/or the Features on your computer or other electronic device solely for purposes of representation on a single-user screen and reproduction, in only one specimen, of one backup and paper printout copy, for personal and non-commercial use, provided that you do not modify the Content and that you retain the copyright notices. ANY CHANGE, REPRODUCTION, DISTRIBUTION, TRANSMISSION, BROADCASTING, REPRESENTATION, NETWORKING, COMMERCIALIZATION, PUBLICATION, GRANTING OF LICENCE, PUBLIC PERFORMANCE, DOWNLOADING, CREATION OF DERIVATIVE WORKS, POSTING ON THE INTERNET, SALE OR ANY OPERATION OF THE WEBSITE, THE CONTENT OR THE FEATURES, including, in particular, through storage in a cache server or other similar means, ARE PROHIBITED.

All software that is embedded in the Website and in the Features or that is found therein, in particular, including any type of machine code, including all the files and/or graphics 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, its affiliated companies or its licensors.

It is prohibited to: i) use, reproduce, modify, adapt, translate, download or transmit the software in whole or in part; ii) sell, lease, license or transfer the software or allow access thereto; iii) modify, remove or obscure any trademark or proprietary notice included in the software; and/or iv) decompile, disassemble, decrypt, extract or reverse engineer the Website or the Features or the components thereof, including the software, or to assist anyone to do so.

Nothing contained in the Website or in its Features shall be construed as granting you a right, title, interest or other licence in or to any software embedded or integrated into the Website or its Features or made available for download from the Website, including any intellectual property rights in the software.

Disclaimer

THE WEBSITE, FEATURES AND CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU BROWSE AND USE THE WEBSITE AND FEATURES AT YOUR OWN RISK. GENIUM360 MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE WEBSITE, FEATURES OR CONTENT, INCLUDING ANY WARRANTY I) THAT THE CONTENT MADE AVAILABLE IS OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE OR THAT IT DOES NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS; II) THAT THE OPERATION OF THE WEBSITE AND OF ITS FEATURES WILL BE SAFE AND UNINTERRUPTED OR ERROR FREE; III) THAT THE USE OF THE WEBSITE OR OF ITS FEATURES SHALL SATISFY YOUR EXPECTATIONS AND NEEDS; IV) THAT THE WEBSITE, FEATURES AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE OR RELEVANT; V) THAT DEFECTS OR ERRORS IN THE WEBSITE AND THE FEATURES WILL BE CORRECTED; VI) THAT THE WEBSITE AND ITS FEATURES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; VII) THAT COMMUNICATIONS TO OR FROM THE WEBSITE OR FROM ITS FEATURES WILL BE SECURE OR NOT INTERCEPTED.

UNDER NO CIRCUMSTANCE SHALL GENIUM360, ITS AFFILIATES, ADMINISTRATORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE WEBSITE, ITS FEATURES OR THE CONTENTS REFERRED TO INCLUDING THOSE OF OTHER SITES THAT YOU MAY ACCESS THROUGH THE WEBSITE, REGARDLESS OF WHETHER OR NOT THEY KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

GENIUM360, ITS AFFILIATES, ADMINISTRATORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD PARTY USER OF THE WEBSITE OR ITS FEATURES OR OF ANY ADVERTISER OR SPONSOR OF THE WEBSITE (“THIRD PARTY USERS”) AND SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSES ARISING IN ANY MANNER WHATSOEVER FROM I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER; AND II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY SITE LINKED TO OR FROM THE WEBSITE.

Indemnification

You shall indemnify Genium360, its affiliates and their administrators, employees, agents, licensors or their respective successors and assigns and hold them harmless from and against the following claims, proceedings, liabilities, costs or expenses of any sort, including legal fees and disbursements, resulting directly or indirectly from i) a breach by you of the Terms and Conditions; ii) your use, browsing, or your inability to browse or use the Website and/or its Features or any site to which the Website is or may be linked from time to time; iii) your use of the publications, communications, distributions or downloads of any nature through the Website and/or its Features, or the fact that you relied upon them; and/or iv) a violation of applicable legislation or regulation by you. You undertake to cooperate with us in the contestation of any claim.

Termination

At any time and without notice, at its sole discretion and without cause, Genium360 reserves its right to terminate your right to browse or utilize the Website or part thereof. It may also do so if you breach any condition of this Agreement.

Absence of advice

The information contained in the Website is provided for information purposes only. It is not intended to serve as advice of a legal, accounting, tax, investment, financial, medical or other nature, and you must not refer to the information to obtain such advice.

Hyperlinks to third-party sites

The Website contains hyperlinks to third-party sites (“Third-party Sites”) that make you leave the Website. Genium360 provides these hyperlinks for your convenience. The Third-party Sites are not under Genium360’s control and the hyperlinks are not to be construed as approval or endorsement of their content by Genium360. Genium360 bears no liability for the content of Third-party Sites, the links they contain, or any changes or updates that may be made to them, and Genium360 offers no warranty regarding them.

Hyperlinks to the Website

While Genium360 encourages hyperlinks to the Website, it does not wish to be linked to any Third-party Site i) which contains, displays or transmits information that is in any way unlawful, threatening, offensive, defamatory, obscene, vulgar, pornographic, blasphematory or indecent, including any content that constitutes or encourages conduct which may be criminal in nature, may give rise to civil liability or may be considered a violation of any legislation or local, state, provincial, national or international regulation or which may be susceptible of infringing upon or hindering the activities, the undertakings, the credibility or the integrity of Genium360 or which contains, posts or transmits any material or information of any nature that incites racism, sectarianism, hatred or any form of physical abuse against a group or an individual, that could be harmful to minors, that is intended to harass another person or advocates doing so, that offers material of a sexual or violent nature in which minor individuals are exploited, that provides instructions on unlawful activities, including the manufacture or purchase of illegal weapons; or ii) which contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material that constitutes a breach of the right to privacy and protection, or which violates copyright, trademark or other property rights. Genium360 reserves its right to ban or refuse any link to the Website, including any hyperlink that contains or proposes content or information of the aforementioned nature, at any time. You agree to withdraw any hyperlink that you may have to the Website at Genium360’s request.

Registration

To use certain Features of the Website, you may need a user name and a password that will be communicated to you after you complete the registration process. It is incumbent upon you to keep the password and your account confidential, and you are responsible for all activities carried out using your password or your account. You agree to notify Genium360 immediately of any unauthorized use of your password or your account or of any other security breach, and to be sure to log out at the end of each session. Genium360 shall not be held liable for any loss or damage arising from a failure to protect your password or account information, whether by Genium360 or by you.

User generated content

The Website offers features enabling you to post messages and content, to participate in discussion forums, to interact with Genium360 and with other users, and to download files, documents and other materials (collectively, “Presentations”). When you use one of the Website’s features that enable you to post, upload or make Presentations, you are required to follow the rules of netiquette; accordingly, you shall not: i) hinder or prevent another user from using or benefiting from the Website, interfere with or attempt to interfere with the smooth operation of the Website, or do anything which, at Genium360’s absolute discretion, overloads the infrastructure of the Genium360 Website to an unreasonable or disproportionate degree; ii) post or transmit any information of an unlawful, threatening, offensive, defamatory, obscene, vulgar, pornographic, blasphematory or indecent nature, including any Presentation that may constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or constitute an infringement of any local, state, provincial, national or international legislation or regulations; iii) post or transmit a Presentation, including articles, graphics, stories, software or other material that violates or transgresses the rights of another, including material that constitutes an invasion of privacy or an infringement of the right to protection of the person or that is protected by intellectual property rights, including a copyright, a patent, a trade secret, a trademark or other property right, or works derived from the foregoing, without first obtaining the permission of the owner or rightholder; iv) post or transmit a Presentation that incites racism, sectarianism, hatred or any form of physical abuse against a group or an individual, that could be harmful to minors, that is intended to harass another person or advocates doing so, that offers material of a sexual or violent nature in which minor individuals are exploited, or that provides instructions on unlawful activities, including the manufacture or purchase of illegal weapons; v) post or transmit a Presentation that solicits passwords or personal ID information from other users for commercial or illegal purposes; vi) post or transmit a Presentation that contains a virus or other harmful element or that transmits or creates computer viruses; vii) post or transmit junk mail, chain letters or any massive distribution of unsolicited messages or spam; or viii) use the Website for commercial purposes including the posting, uploading or transmission of Presentations containing advertising or giving rise to commercial and/or sales activities, or that include contests, sweepstakes, barter, advertising and/or pyramid schemes.

When you post or upload Presentations on or to the Website, you grant Genium360 an unlimited, irrevocable, non-exclusive and perpetual worldwide licence, free of charge: i) to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute or publicly perform such Presentations or to make them available to the public for any purpose; and ii) to sublicense third parties with unlimited rights to exercise any of the aforementioned rights. Over and above the granting of the aforementioned licence, you hereby i) agree to waive all moral rights to any Presentation in favour of Genium360; ii) consent to your name, address and email address being shown for your contribution of a Presentation, as applicable, and to the disclosure and/or posting of such information and of any other information that appears in a Presentation or that is associated therewith; iii) acknowledge and agree that Genium360 shall bear no liability for any loss, damage or corruption of your Presentations; and iv) acknowledge and agree that the Presentations that you transmit for posting on the Website shall be deemed non-confidential.

Even though Genium360 is not able to examine, and will not examine, the Presentations before they are posted, Genium360 reserves the right, at its absolute discretion, to modify or remove any Presentation, whether or not it infringes upon the provisions of these Terms and Conditions or is otherwise objectionable. You acknowledge and agree that Genium360 may, at its absolute discretion, regularly monitor the Website and disclose information that may be required to comply with any legislation, regulation or other governmental or legal request, to ensure the smooth operation of the Website, to protect itself or to protect other Website users. Any such disclosure shall be made in accordance with Genium360’s Privacy Policy.

Genium360 is not responsible for the content of the Presentations. The Presentations represent the opinions and views of the Users who post them, not those of Genium360.

Even though Genium360 has absolutely no obligation to review any complaint about a Presentation, it may, at its absolute discretion, review complaints and take whatever steps it may deem appropriate under the circumstances, including removing the material in question from the Website and terminating the rights of the originator of the material to access and use the Website or a part thereof.

E-commerce

Should you order goods and/or services on the Website, you must provide complete and accurate personal information. Genium360, at its full discretion, reserves the right to accept or to refuse your order at any time after receiving it. You acknowledge that the price of goods and services may be changed without notice, and that they are offered on an as-available basis.

Should you purchase online, through the Website, products and/or services offered by third parties (“Third-party Merchandise”), Genium360 bears no liability for the legality, quality, accuracy, reliability or any other aspect of the Third-party Merchandise. Should you make a purchase on a Third-party Site hosted by the Website or linked thereto, the information obtained during your visit to the Third-party Site and the information you provide, such as your credit card number and contact information, is collected by the Third-party Site, not by Genium360.

Governing law and jurisdiction

Your use of the Website and of the Features, and the Terms and Conditions, are governed by the laws of the province of Quebec and the laws of Canada, without regard to the principles of conflict of laws. You hereby acknowledge that any proceedings arising from or relating to your use of the Website and the Features, or to the Terms and Conditions, shall be brought in the courts of the district of Montreal, province of Quebec. You hereby acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

General

No consent to or waiver by Genium360 of an express or implied breach of this Agreement on your part shall constitute a consent to or waiver of any other different or subsequent breach. You may not assign or transfer this Agreement, nor any right or obligation hereunder. Should any condition or provision of this Agreement be deemed invalid by a court with jurisdiction, then the invalid provision shall be severed and the remaining terms shall continue to apply without being invalidated in any way. This Agreement does not create any partnership, joint venture or agency relationship between the parties. Other than agreements with Genium360 that refer specifically to this Agreement, this Agreement constitutes the full agreement between you and Genium360 regarding the subject matter hereof.

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