CANSCENE.COM WEB SITE USER AGREEMENT
This version in force since June 6th, 2005
Please read this agreement carefully. It governs your use of the Canscene Inc. Web Site (www.canscene.com.) and the services and informations provided through the web site (collectively the "Web Site"). It exempts Canscene Inc. and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site. Each time you use the Web Site, the text of this agreement as it then reads will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last version.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
This is an agreement between you and Canscene Inc., and governs your use of the Web Site and its content and the services and informations provided through the Web Site. Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. Canscene Inc. may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS
The Web Site may be used only by persons resident in Canada who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS
Canscene Inc. endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, Canscene Inc. reserves the right to change that regarding the informations and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, Canscene Inc. cannot guarantee that informations or services advertised on the Web Site will be available when explorered or thereafter. Canscene Inc. also reserves the right at any time to correct any information for any reason whatsoever.
5. NO ADVICE OR SOLICITATION
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE.
6. LOGIN NAMES AND PASSWORDS
Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Canscene Inc. and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Canscene Inc. representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify Canscene Inc. of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of Canscene Inc., and may be cancelled or suspended at any time by Canscene Inc. without any notice or liability to you or any other person. Canscene Inc. is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Canscene Inc., including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site.
THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
7. TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web Site.
Canscene Inc. may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you or Canscene Inc. for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchases of informations and services through the Web Site and anything connected with, relating to or arising from those matters.
8. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including registration information (name and email address), telecommunication information, and personal-related information (rusume and etc.), must be true, accurate, current and complete. You must also provide Canscene Inc. with updated registration information within 30 days of any changes.
Canscene Inc. will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Canscene Inc. or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information within 30 days of any change. Canscene Inc. may require a copy of a government-issued form of identification before making any changes to your registration information.
9. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Canscene Inc., its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Canscene Inc.. You may not use any of the software that is used in the operation of the Web Site except while you are use the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
10. PERSONAL INFORMATION PRIVACY
11. TRADE-MARK INFORMATION
Canscene Inc., the canscene.com logo and other Canscene Inc. owned trade-marks appearing on the Web Site, are registered and unregistered trade-marks and trade names owned by Canscene Inc. or licensed to Canscene Inc.. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site.
12. OTHER SITES
The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Canscene Inc., and Canscene Inc. has no responsibility or liability for or control over Other Sites, their business, informations, services, or content. Links to Other Sites are provided solely for your convenience. Canscene Inc. does not sponsor or endorse any Other Sites or their content or the informations or services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Canscene Inc. arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Canscene Inc., the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, informations, services, and content.
13. LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission of Canscene Inc. are strictly prohibited. To request permission to link to the Web Site, please contact [email protected]. Canscene Inc. reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
14. POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as Gooey or Third Voice in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.
Canscene Inc. does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved informations, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Canscene Inc. or the Web Site.
15. SOFTWARE AGREEMENTS
Canscene Inc. may cause software to be available for you to download from the Web Site or through other Web sites, including Web sites operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by the applicable Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable Software Licence Agreement.
From time to time Canscene Inc. may make contests available to users of the Web Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
17. GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by Canscene Inc. from Montreal, Quebec. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between Canscene Inc. and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of Quebec sitting in the City of Montreal, Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Montreal, Quebec, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
18. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will enure to the benefit of and be binding upon each of Canscene Inc. and its Providers and each of their respective successors and assigns and related persons, including without limitation Canscene Inc. Ltd., and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Canscene Inc., which may be withheld in Canscene Inc.'s sole discretion. Canscene Inc. may assign this Agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Any rights not expressly granted by this Agreement are reserved to Canscene Inc..
This Agreement is subject to change without notice.