Brasseurs Numériques Inc. (“Ajah”, “we”, “us” and terms of similar meaning) provides this web site (in these terms we call this site and any successor websites, and any software provided by Ajah for use with the site, the “Site”) to you subject to these terms and conditions of use (these “Terms”). Please read these Terms carefully before using the Site. By accessing or using the Site or by merely browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
Ajah reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site. If you have any questions about the Terms, please email us at ac.hajanull@troppus.
The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
2. Registration Data and Account Security
If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Ajah, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Ajah.
You shall notify Ajah immediately of any unauthorized use of any password or account or any other known or suspected breach of security. You are responsible for all activity on your Ajah account, and for all charges incurred by your Ajah account.
3. Our Limited License of Content to You
Ajah grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Site or the Content, or reproduce, distribute or display the Site or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Site or the Content other than for its intended purpose.
Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Ajah at any time.
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Ajah at the address listed in the About page.
4. Intellectual Property Ownership
Ajah (and its Affiliates and /or licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the underlying technology or the Intellectual Property Rights owned by Ajah . The Ajah name, the Ajah logo, and the product names associated with the Service are trademarks of Ajah or third parties, and no right or license is granted to use them.
4.1. Third Party IP
You acknowledge and agree that all Intellectual Property Rights in and to any third party content that may be distributed with the Service is the property of the respective content owners and are subject to separate license agreements and may be protected by intellectual property laws of other jurisdictions.
5. Links to Other Sites
The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. Third-Party Sites include payment processors and other sources of Content that you may use in connection with your use of the Site. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Ajah does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Ajah provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Ajah’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Ajah accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Ajah may terminate this Agreement at any time due to your failure to comply with any of the provisions of this Agreement. Ajah may limit or suspend this Agreement and your Use of the Service, prohibit You access to the Site and/or delete Your User Account, with immediate effect, if Ajah has reasonable grounds to believe that You are in breach of this Agreement, are otherwise causing problems, are attracting potential liabilities or are otherwise acting inconsistently with the letter or spirit of Ajah ’s policies (including, without limitation, by infringing a third party’s Intellectual Property Rights or by engaging in fraudulent, immoral or illegal activities). Ajah shall effect such termination by providing notice to you to the email address You have provided, and/or by preventing Your access to the respective User Account.
You agree to indemnify, defend and hold Ajah, Affiliates and their respective officers, directors, employees and agents harmless from and against any and all liability and costs (including reasonable attorneys’ fees incurred by said parties), in connection with or arising out of Your: (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) violation of any rights of any third party; or (c) use or misuse of the Service.
8. NO WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU “AS IS”. AJAH MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. AJAH DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES AJAH WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
9. Choice Of Law
This Agreement and the rights and obligations of the Parties under this Agreement shall be governed by, and construed in accordance with, the laws of the Province of Québec and the federal laws of Canada applicable therein. This Agreement expressly excludes that body of law applicable to choice of law and the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. The Parties hereby attorn to the exclusive jurisdiction of the courts of the Province of Québec for any legal proceedings arising out of this Agreement to the extent that it cannot be resolved by arbitration first.