1. ACCEPTANCE OF THE TERMS OF USE
When you browse the Website or use any of its features (the “Features”), you agree to be bound by the Terms of Use. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF USE, PLEASE STOP USING THE WEBSITE. The Terms of Use may be modified at any time by OBOX at its sole discretion. Your use of the Website and/or its Features will be deemed an acceptance of the revised Terms of Use. Please visit this page at regular intervals.
2. TERMINATION
OBOX reserves the right to terminate the Terms of Use and/or your right to browse and use the Website or any part of it, or the Features or any of them, at any time, without cause and without notice, at its sole discretion.
3. REGISTRATION, USERNAME AND PASSWORD
Some of the Features available on the Website require registration or a subscription. If you choose to register or subscribe to such a Feature, you agree to provide truthful and up-to-date information about yourself, as required by the registration or subscription process, and to update this information promptly if necessary to ensure that it remains accurate and complete. You acknowledge that you are responsible for i) maintaining the confidentiality of the passwords you choose or that are assigned to you following your registration or subscription; ii) any activity that takes place under your username or password; and iii) logging out of your account at the end of each session. In addition, you agree to notify OBOX of any unauthorized use of your username or password. If you fail to comply with the obligations set out in this section 3, OBOX will not be liable for any resulting loss or damage.
4. COPYRIGHT
All articles, texts, illustrations, images, photographs, information, audio clips, video clips, software and code available on the Website (the “Content”), including the manner in which the Content is presented, are protected by Canadian and foreign laws, including copyright law, and belong to OBOX, its affiliated companies, its licensors and/or the person recognized as the provider of the content. The Website is protected under copyright legislation as a collection and/or compilation within the meaning of Canadian and foreign laws. You agree to respect all other copyright notices, information or restrictions on or in the content you may access through the Website and/or the Features. OBOX grants you a non-exclusive, non-transferable license to use and display the Website and/or the Features on your computer or other electronic device solely for single-user on-screen display and for reproduction, in one copy, for backup or paper printout, for personal and non-commercial purposes, provided that you do not modify the Content and that you retain the copyright notices. The modification, reproduction, distribution, transmission, broadcasting, performance, networking, commercialization, publication, licensing, public performance, downloading, creation of derivative works, posting on the internet, sale or any exploitation of the website, the content or the features, including, without limitation, by storing in a cache server, framing or similar means, ARE PROHIBITED. All software incorporated in or found on the Website and the Features, 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 belongs to OBOX, its affiliated companies or its licensors. You are prohibited from: i) using, reproducing, modifying, adapting, translating, downloading or transmitting the software in whole or in part; ii) selling, renting, licensing or transferring the software or otherwise permitting access to it; iii) modifying, removing or covering any trademark or proprietary notice included in the software; and/or iv) decompiling, disassembling, decrypting, extracting or reverse engineering the Website or the Features and their components, including, without limitation, the software, or assisting anyone else in doing so. Nothing in the Website or the Features shall be interpreted as conferring on you any right, title, interest or other license in the software incorporated in the Website or the Features or that can be downloaded from the Website, including, without limitation, any intellectual property right in the software.
5. TRADEMARKS
Danslescoulisses is a trademark of OBOX or is used under license. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may be trademarks of OBOX or of third parties. Nothing contained in the Website or the Features shall be interpreted as granting you a license or right to use any logo, design or trademark of OBOX or of a third party.
6. RESPONSIBILITY FOR MINORS
If you have allowed a minor to browse the Website or use the Features, you acknowledge that you are responsible for: i) their online behaviour; ii) controlling their access to and use of the Website and/or the Features; and iii) the consequences of any misuse of the Website and/or the Features by them. You acknowledge that certain sections of the Website and the Features may contain Content that is inappropriate for a minor. We recommend that you reasonably supervise the use of the Website and the Features by minors in your care.
7. DISCLAIMER
The website, the Features and the Content are provided “as is” and “as available”. You browse and use the Website and the Features at your own risk. OBOX makes no representation or warranty regarding the Website, the Features and the Content, including, without limitation, warranties as to i) merchantability, fitness for a particular purpose of the Content or non-infringement of intellectual property rights; ii) the operation of the Website and the Features in a secure, uninterrupted and error-free manner; iii) the use of the Website or the Features meeting your needs and expectations; iv) the accuracy, completeness, reliability or relevance of the Website, the Features and the Content; v) the correction of defects or errors in the Website and the Features; vi) the absence of viruses or harmful elements in the Website and the Features; and vii) the secure or uninterrupted transmission of communications through the Website or the Features. OBOX, its affiliated companies and their respective directors, employees, agents, licensors or their respective successors and assigns, cannot under any circumstances be held liable for damages of any kind, including indirect, special or incidental damages, resulting directly or indirectly from the use or performance of the Website, the Features or the Content mentioned on them or on any other site you may access through the Website, even if they knew or should have known of the possibility of such damages. OBOX, its affiliated companies and their respective directors, employees, agents, licensors or their respective successors and assigns, disclaim all liability for the acts, omissions or conduct of any third-party user of the Website and the Features and of any advertiser or sponsor of the Website (“third-party users”) and cannot in any case be held liable for any harm, loss, damage (including, without limitation, special, indirect or incidental damages) or costs arising in any way from i) the acts, omissions or conduct of a third-party user; and ii) the use of or inability to use anything, software, content, goods or services of a site or offered through a site linked to the Website.
8. HYPERLINKS TO THIRD-PARTY SITES
The Website contains hyperlinks to third-party sites (the “Third-Party Sites”) that take you away from the Website. OBOX provides these hyperlinks for your convenience. The Third-Party Sites are not under the control of OBOX and the hyperlinks cannot be interpreted as an approval or endorsement of their content by OBOX. OBOX is not responsible for the content of the Third-Party Sites, the links they contain, or any changes or updates made to them, and OBOX offers no warranty regarding them.
9. HYPERLINKS TO THE WEBSITE
OBOX encourages hyperlinks to the Website. However, it does not wish to be linked to any third-party site i) that contains content that constitutes or encourages 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, that is likely to harm or adversely affect the activities, credibility or integrity of OBOX, or that contains, displays or transmits any material or information that exceeds the moral and/or legal standards of Canadian society; or ii) that contains, displays or transmits any information, software or other material that violates or infringes the rights of others, including material that constitutes an invasion of privacy or of personality rights, or that is protected by copyright, trademark or other proprietary right. OBOX reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any time. You agree to remove any hyperlink you may have to the Website at OBOX’s request.
10. USE OF THE SEARCH ENGINE
Any image, sound, sound effect, sound recording, musical work, performance, graphic, video, cinematographic production, audiovisual work or any other work (the “Multimedia Content”) found through a search engine available on the Website is protected by copyright and/or other intellectual property rights. OBOX has no right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any file containing such Multimedia Content. Where search results link to Third-Party Sites, all Multimedia Content contained on those Third-Party Sites is the property of entities other than OBOX. If you wish to use Multimedia Content on a Third-Party Site that you accessed through a search engine on the Website, we recommend that you contact the owner of the Multimedia Content to obtain permission to use it.
11. USE OF COMPUTER BOTS
You acknowledge that the use of computer bots, including, without limitation, webbots, is prohibited for any purpose in connection with the Website.
12. COOKIES
OBOX informs you that one or more cookies may be placed on the hard drive of the computer from which you browse the Website. Cookies sent from the Website are not intended to identify you. They record information relating to browsing on the Website carried out from the computer on which the cookie is stored. Under no circumstances are cookies intended to exploit personally identifiable information about you. You may object to the recording of cookies on the hard drive of the computer from which you browse the Website by changing the options of the browsing software on that computer.
13. MONITORING
You acknowledge that OBOX has no obligation to monitor the Website or any content accessible through the Website. However, you acknowledge that OBOX has the right to monitor the Website electronically, at its sole discretion, and to disclose any information necessary to comply with any law, regulation or governmental request, to operate the Website properly, or to protect itself or its users under the “Privacy Policy”.
14. TRANSACTIONS WITH OBOX
If you register for services on the Website, you must provide complete and accurate personal information. OBOX, at its sole discretion, reserves the right at any time after receiving your registration to accept or refuse your registration. You acknowledge that the registration price may change without notice.
15. TRANSACTIONS WITH THIRD PARTIES
If, through the Website, you register online for a service offered by third parties (“Third-Party Goods”), OBOX is not responsible for the legality, quality, accuracy, reliability or any other aspect of the Third-Party Goods. If you make a purchase on a Third-Party Site hosted by the Website or linked to the Website, the information obtained during your visit to the Third-Party Site and the information you provide, such as your credit card number and contact details, is collected by the Third-Party Site and not by OBOX. You release OBOX, its affiliated companies and their respective directors, employees, agents, licensors or their respective successors and assigns from all damages you may suffer, and agree not to assert against them any claim arising from your purchase or use of Third-Party Goods offered on the Website or on Third-Party Sites through the Website.
16. INDEMNIFICATION
You agree to indemnify and hold harmless OBOX, its affiliated companies and their respective directors, employees, agents, licensors or their respective successors and assigns, and to assume their defence, with respect to all claims, demands, liabilities, costs or expenses of any kind, 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 and/or the Features or any site to which the Website is or may from time to time be linked; iii) your use of, or reliance on, any postings, communications, distributions or downloads of any kind through the Website and/or the Features; and/or iv) your violation of applicable legislation or regulations. You agree to cooperate with us in the defence of any claim.
17. GOVERNING LAW
Your use of the Website and the Features and the Terms of Use are governed by the laws of the province of Quebec and the laws of Canada, without regard to conflict of law principles. You hereby acknowledge that any dispute arising out of or related to your use of the Website or the Features or to the Terms of Use shall be submitted to the jurisdiction of the courts of the district of Montréal, province of Quebec. You acknowledge that the United Nations Convention on Contracts for the International Sale of Goods does not apply.
18. GENERAL
These Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules and the Netiquette Rules constitute the entire agreement between you and OBOX and supersede any prior agreement between you and OBOX. You may not assign or transfer the Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules and the Netiquette Rules, or any rights and/or obligations under them. OBOX’s failure to exercise or enforce any right granted by the Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules or the Netiquette Rules shall not constitute a waiver of that right or provision. If a court of competent jurisdiction determines that any provision of the Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules or the Netiquette Rules is unenforceable or invalid, the other provisions of the Terms of Use, the Privacy Policy, the Content Use Rules, the User Contribution Rules or the Netiquette Rules shall remain in effect, as applicable. The headings of the articles of the Terms of Use are used for presentation purposes only and have no legal value or contractual effect.