LAST UPDATE : AUGUST 2021
USE OF THE SERVICES AND ACCEPTANCE OF THE GENERAL CONDITIONS
These general conditions (henceforth the “Conditions”) constitute an agreement between party of the first part, Optel Vision Inc. (henceforth “Optel Vision,” “we,” “us,” or “our”), the owner and operator of the mobile applications and associated online services (collectively referred to as the “Services”); and party of the second part, you (henceforth the “User” or “you”), a user of or visitor to the Services, or a person who otherwise uses or accesses the Services. Please read these Conditions carefully before using our Services.
When you create an account with us, you must complete the sign-up process by providing us with accurate, complete and up-to-date information at all times. Failure to respect this obligation is a violation of the Conditions, and may result in the immediate closure of your account on our Services.
It is strictly forbidden to use an account without the account holder’s authorization. For your username, you may not select the name of another person or entity, a name that cannot be legally used, a name or trademark with copyright held by a person or entity other than yourself without proper authorization, or a name that is offensive, vulgar or obscene.
You are responsible for protecting the password you use to access the Services, and for all activities or actions that take place under your password. You agree to not disclose your password to third parties.
You must notify us as soon as you become aware of any security breach or unauthorized use of your account. We will accept no liability for any loss that you may incur as a result of the fraudulent use of your password or account, whether it is done with or without your knowledge. You may be held liable for our losses, or those incurred by a third party, if someone else uses your account or password.
We endeavor to implement reasonable security measures to protect you from all unauthorized access to your account and personal information. However, we cannot guarantee the security of your account, your content (as defined below) or the personal information you provide, nor can we guarantee that our security measures will prevent “hackers” from illegally accessing the Services or their content. You acknowledge that you provide your personal information at your own risk.
DEACTIVATING YOUR ACCOUNT
You may request that your personal information is deleted by contacting us via the email address [email protected]. Once it has been deactivated, your account and its Content (as defined below, and including all benefits from the Rewards Program) cannot be restored.
We may immediately limit, suspend or deactivate your account for any reason, without prior notice or liability, including but not limited to you violating the Conditions. In particular, Optel Vision may immediately revoke or suspend accounts flagged for repeated copyright infringements.
Our services allow you to submit, publish, display, link, store, share and make available information, text, graphics, video and other materials (henceforth the “Content”). You will retain all of your rights to any Content that you submit, publish or display on or through the Services. You are responsible for protecting these rights. You are responsible for the Content you post on the Services, including its legality, trustworthiness and relevance.
By submitting, publishing or displaying any Content on the Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute this Content, including, without limitation, on and through the Services, as well as promotion and redistribution of all or part of the Services (and derivative works thereof) in any media format and via any media channel. You agree that this license gives us the right to make your Content available to other users of the Service, who may also use your Content in accordance with these Conditions.
You declare and guarantee: (i) that the Content is yours (you are the owner) or you have the right to reproduce and use it, as well as granting us the rights and license to do so in accordance with these Conditions, and (ii) that displaying your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, trademarks, contractual rights or any other rights of any person.
We have the right to block or delete communications and documents that we consider to be: (a) abusive, defamatory or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of any copyright, trademark or other intellectual property right, or; (d) offensive or otherwise unacceptable in our view, at our sole discretion.
You acknowledge that by providing you with the ability to view and distribute the content generated by users on the Service, we are simply acting as a passive channel for this distribution, and do not undertake any obligation or liability relating to the Content or activity present on the Services.
In addition to the prohibitions stated in the Conditions, you are forbidden to use the Services:
For illicit purposes;
- To solicit third parties to perform or participate in illegal acts;
- To violate any local, international, federal, provincial or state regulation, rule, law or ordinance;
- To infringe or violate our intellectual property rights, or those of others;
- To harass, abuse, insult, harm, defame, slander, demean, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnic background, age, country of origin, or disability;
- To submit false or misleading information;
- To impersonate another person or to give a false representation of your affiliation with a person or entity, to commit fraud, or to hide (or attempt to hide) your identity;
- To upload or transmit viruses, worms, rootkits or any other type of malicious code that will or may be used in any way that could have an impact on the functionality or operation of the Services;
- To collect or track the personal information of third parties, including account names;
- For the purposes of spamming, phishing, spoofing or pharming;
- For the purposes of commercial solicitation;
- For obscene or immoral purposes;
- To interfere with the correct functioning of the Services; or
- To interfere with or circumvent the Services’ security features, including but not limited to features that prevent or restrict the use or reproduction of any content, or that impose limitations on the use of the Services or their content.
- Furthermore, you may not engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Services by any means, including, but not limited to automated or non-automated data mining systems;
- The use of any automated system, including, but not limited to “bots”, “collectors”, “offline readers”, etc., to access the Services;
- Attempts to compromise or interfere with the system’s integrity or security, or to decode any transmission sent to or from the servers running the Services;
- Taking any action that imposes, or may impose, an unreasonable or disproportionate load on the Services’ infrastructure, at our sole discretion; or
- Accessing any content on the Services through technologies or means other than those intended or authorized by the Services.
Except in the case of works presented or used under license or hypertext links displayed on the Services, Optel Vision is the exclusive holder of the intellectual property rights to all content on the Services, including, but not limited to text, images, graphics or code, which are otherwise protected by copyright, trademark and other intellectual property rights under Canadian and foreign laws, as well as international conventions. These Conditions do not grant you a license to use the intellectual property rights of Optel Vision or any affiliated companies. The Optel Vision name and logo are registered trademarks of Optel Vision, and may not be copied, imitated or used, in whole or in part, without prior written authorization from Optel Vision. Furthermore, all page headers, customized graphics, button icons and scripts are trademarks and trade dress of Optel Vision, and may not be copied, imitated or used, in whole or in part, without prior written authorization from Optel Vision. Additionally, you agree not to modify or remove any intellectual property notices from materials downloaded from the Services.
If a third party trademark is displayed on the Services via a hyperlink or other means, this will not be understood as a “use” of this trademark within the meaning of the Law on Trademarks, nor will it be understood that Optel Vision is claiming an affiliation or association with the owner of that trademark.
For the purposes of browsing the Services, Optel Vision grants the user a limited license that allows them to display on his or her computer, telephone or other device, or to print, download and use the HTML underlying the Services, as well as the text, audio clips, video clips and any other content they may have access to, but only for non-commercial, personal or educational purposes, all on the condition that the content is not modified.
Other than the aforementioned, no other use of Optel Vision’s intellectual property rights may be authorized, unless written consent is obtained from Optel Vision in advance.
Content, offers and services from third parties that are made available on the Services are designed and offered directly by the third party, and are neither owned nor operated by Optel Vision. Searching for or purchasing such content, offers and services means you acknowledge that you are dealing directly with the third party, and not with Optel Vision. You are not required to use or interact with any third party that appears on the Services.
Optel Vision has no control over the content, privacy policies or practices of any third party service or website, and assumes no liability in this regard. Furthermore, you further acknowledge and accept that Optel Vision cannot be directly or indirectly held responsible for any damage or loss caused or allegedly caused, by or in connection with use of or trust in any such content, product or service that is available on such sites or services, or is accessible through them. Optel Vision is not responsible for: (i) the availability or accuracy of these sites or resources, or (ii) the content, products or services available on these sites or resources. The presence of a link to these sites and resources does not imply our endorsement of them. You acknowledge full responsibility and assume all risks that may arise from using these sites or resources.
We strongly advise that you read the general conditions and privacy policies of any third-party site or service you visit.
Optel Vision has not agreed and not does it agree to treat any Feedback (as defined below) that you may provide to Optel Vision as confidential. Nothing in the present agreement, or in the relationship between the parties that arises from or is linked to this agreement, limits Optel Vision’s right to use, disclose, publish, keep secret, otherwise exploit or benefit from your Feedback, without giving you compensation or credit. (The term “Feedback” refers to any suggestion, comment or idea that aims to improve or modify any Optel Vision Service in any way).
Either of the parties may terminate this agreement at any time by notifying the other party in writing.
We may immediately limit, suspend or deactivate your account for any reason, without prior notice or liability, including but not limited to you violating the Conditions. In the event of termination, your access and right to use the Services will cease immediately.
The following provisions of the Conditions will remain in force for a period of three (3) years following termination or expiry of the Conditions: Compensation, Limitation of Liability, Disclaimer and Non-Waiver of Rights, and Miscellaneous.
You agree to compensate, defend and hold harmless Optel Vision, its affiliates, managers, administrators, directors, representatives, employees, contractors, licensors and licensees, suppliers and agents, from and against all claims, losses, damages, costs, liabilities, actions or demands, including legal and out-of-court expenses, arising from (a) your use of the Service; (b) your violation of any of these Conditions; (c) your publications or uploads on the Service; and (d) any activity linked to your account. This includes all negligent or unlawful conduct on your part, as well as access made to the Services by any natural or legal person using your account, if such access is obtained by illegal or fraudulent means.
LIMITATION OF LIABILITY
Optel Vision offers no guarantee or representation of any kind regarding the Services. All allegedly applicable guaranties and general conditions are excluded to the extent permitted by the law. You use the Services at your own risk. The Services are provided “as is” and are subject to availability. The Services are provided without any kind of guarantee, neither express nor implied, including, but not limited to implied warranties of merchantability, suitability for a particular purpose, non-infringement or course of performance, except as provided for by Canadian provincial laws. In such cases, provincial law applies to the extent necessary.
Optel Vision, its administrators, employees, partners, agents, suppliers, subsidiaries, affiliates and licensors do not guarantee that (a) the Services will operate without interruption, and will be secure and available at all times and in all places; (b) errors or faults will be corrected; (c) the Services are free from viruses or other harmful components; or that (d) using the Services will result in your requirements being met.
Optel Vision, its administrators, employees, partners, agents, suppliers or affiliates may not be held responsible for any loss or damage, whether direct or indirect, incidental, special, consequential or punitive, including but not limited to economic loss, loss of or damage to property, data or electronic media, business capital or other intangible loss, resulting from (i) your use of or access to the Services; (ii) your inability to access or use the Services; (iii) any conduct or content of any third party on or linked to the Services; (iv) any content obtained from or through the Services; (v) unauthorized access to use or modify your transmissions or content; and (vi) information contained on the Site.
DISCLAIMER AND NON-WAIVER OF RIGHTS
If you violate any of these Conditions and Optel Vision chooses to either not act immediately, or not at all, Optel Vision may still exercise all rights and remedies at a later date, or in any other situation where you violate the Conditions. Optel Vision does not waive any of its rights. Optel Vision shall not be held responsible for any alleged violation of these Conditions that results from circumstances beyond its control. Only the parties stated in these Conditions have performance rights.
These Conditions are exclusively governed by the laws of the province of Quebec, without reference to principles of conflict of laws that would be applicable to the substantive law of any other jurisdiction regarding the rights or obligations of the parties. The parties accept the personal and exclusive jurisdiction of the provincial and federal courts of the judicial district of Quebec in the Canadian province of Quebec.
If any provision of these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, all other provisions of the Conditions will remain in force.
These Conditions constitute the entire agreement between you and us with regards to our Services, and override any prior agreements, oral or otherwise, regarding the Services.
You may not assign, sub-license or transfer any of your rights under these Conditions.
We reserve the right, at our sole discretion, to modify or replace these Conditions at any time, by publishing the “Updated Conditions”. The Updated Conditions will come into force from the moment they are published, or at a later date specified in the Updated Conditions, and will apply to your use of the Services from that moment. Unless Optel Vision makes a modification for legal or administrative reasons, if the change is significant, we will take all possible measures to provide at least 30 days’ notice before the Updated Conditions come into force. The notion of “significant change” will be defined at our sole discretion.
By continuing to access or use our Services after these changes come into force, you agree to be bound by the Updated Conditions. If you do not accept the Updated Conditions, in whole or in part, you may not use the Services.
If you have any questions regarding these Conditions or for any notifications, please contact us at the following address:
OPTEL Vision Inc.
2680, boul. du Parc Technologique
Québec (QC) G1P 4S6