Terms and Conditions of Use
We thank you for your interest in the www.microplay.com website (the “Site”). Please read these terms and conditions us use (the “Conditions”) carefully before using the Site. By using the Site, you agree to comply with all of the Conditions set out below. If you do not agree with the Conditions, please do not use the Site. We reserve the right, at our sole discretion, to modify the Conditions at any time, and these modifications shall take effect immediately once they are posted on the Site. You agree to review the Conditions periodically in order to be aware of any modifications, and your continued use of the Site shall be deemed your definitive acceptance of the modified Conditions.
Rights regarding the Site and its content
The Site and its content are protected by copyright, trademark and other applicable intellectual property and proprietary rights laws, and are owned and/or authorized by Le Superclub Videotron Ltd. (the “Company”) and/or its affiliates. None of the material on the site shall be construed as granting, implicitly or otherwise, any license of right to use any trademarks, logos or other names, including, but not limited to, those identifying the Company and/or its affiliates or their respective products and services displayed on the Site, without the express written consent of the Company or any third party that may own such trademarks, logos and other names displayed on the Site.
Use of the Site and its content
No information or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way whatsoever, except that you may download a single copy of the material to any ordinary computer for your personal, non-commercial use at home only, provided you keep all the copyright and proprietary notices intact. You agree not to claim any rights with regard to any downloaded content. You agree to abide by all copyright notices, restrictions and information on the Site and in any content accessed through the Site. The Company intends to aggressively enforce its intellectual property rights to the fullest extent permitted by law.
You must use the Site and any content, material or information found on the Site solely for lawful purposes. You shall not upload to, distribute to or otherwise disseminate through the Site any material or information of any kind that is libellous, defamatory, obscene, pornographic or abusive, or that otherwise violates any law or infringes on or violates the rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation of goods or services. You shall be solely responsible for the content or any material or information that you make available through the Site. You shall also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Site.
The Company has no obligation to and does not and cannot review every item of material or information that you and other users make available through the Site, and the Company is not responsible for any of this material or information. However, the Company reserves the right monitor, delete and/or refuse to transmit, move or edit any material of information, in whole or in part, without notifying you, that it deems, at its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, the Company reserves the right to restrict or prohibit the sending of commercial e-mail or messages or the sending of multiple copies of the same of substantially similar messages or very large messages to a recipient.
You may post ratings, reviews and other types of comments on the Site, provided you respect the Conditions. When you submit your comments, you agree to limit the content of those comments to the subject of the movie or game in question. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. The Company reserves the right (but is not obliged) to remove, restrict or edit any comments posted, but does not regularly review posted content.
You hereby grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you to the Site and/or to incorporate it into other works regardless of form, medium or technology. In addition, you waive any moral rights that you might have with regard to said material or information.
Disclaimer of warranties and limitation of liability
The information contained on the site is for information purposes only. Material posted on the Site is provided as a service only, and does not constitute an official version of the material. All content, material, information or postings found on or accessed through the Site are provided on an “as is” basis. The Company and its affiliates and each of their respective administrators, directors, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, but not limited to, any and all representations of title and non-infringement, and all implied warranties and conditions of merchantable quality, adaptability for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to the Site, its content or content accessed through the Site. The Company and its affiliates and each of their respective administrators, directors, employees, consultants and agents make no representations or warranties as to the accuracy, appropriateness, reliability, truthfulness or completeness of the Site, its content or content accessed through the Site, including, but not limited to, all content, information, material or postings found on the Site (including, but not limited to, any descriptions of products and their prices, any services provided through the Site, or any links to other sites made available on the Site or the content of such sites, or regarding the continuous or error-free use and operation of the Internet or the Site. The Company and its affiliates and each of their respective administrators, directors, employees, consultants and agents do not represent or warrant that the Site or access to and use of the Site will be uninterrupted, error-free or free from defects, viruses or other harmful components. You thus expressly agree that use of the Site is at your own risk.
Information provided on the Site may contain references or cross-references to products and services of the Company or its affiliates that are not available in your area, and the Company and its affiliates makes no representations or warranties as to the availability of such products or services in your area, and such references do not indicate that the Company and its affiliates intend to provide such products and services in your area. The Company recommends that you consult with the store nearest you or information about the products and services available in your area. Unless otherwise indicated, websites accessed from the Site trough links or other means have been independently developed by third parties. The inclusion of any information, material or links on the Site should not be construed as an express or an implied endorsement of any third-party products or services.
Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach of contract, shall the Company and its affiliates and each of their respective administrators, directors, employees, consultants and agents be liable for any direct, indirect, special or consequential damages or any loss that results from the use of, or the inability to use, any content, information, material or postings on the Site, directly or indirectly, or the transmission of confidential or sensitive information over the Internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that the Company and its affiliates and each of their respective administrators, directors, employees, consultants and agents shall not be liable for any defamatory, offensive or illegal conduct of any user, including you.
Confidential information and protection of personal information
Information provided during registration and other information provided on the Site, as well as information regarding the manner in which you use the Site, shall be used and disclosed by the Company in accordance with its policy on the protection of personal information.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its affiliates and each of their respective administrators, directors, employees, consultants and agents from and against all claims, liability and expenses, including all legal costs arising out of: (i) your breach of any provision of the Conditions; or (ii) your use of the Site, the content on the Site and the placement or transmission of any information or materials on the Site made by you or others using your account. You agree to notify the Company as soon as you become aware of any unauthorized use of your account and to take all reasonable measures to prevent the situation from recurring. The Company reserves the right, at its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to cooperate as fully as reasonably required in the defence of any claim.
If you are not satisfied with the Site or its Conditions, your only recourse is to discontinue using the Site. In that case, you agree to destroy all materials obtained on the Site and all copies thereof. These Conditions shall survive any termination.
Any dispute arising hereunder shall be governed exclusively by the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable in that province, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of Quebec, district of Montreal and/or the federal Court of Canada in Quebec, or any other judicial district or jurisdiction that the Company may determine in any or all actions, disputes or controversies relating hereto. These Conditions and any rules, policies, guidelines, or other agreements posted on the Site by the Company constitute the entire agreement between the Company and you with respect to the subject matter hereof. No waiver by either the Company or you of any breach of default hereunder shall be deemed to be a waiver or any preceding or subsequent breach or default. If any provisions contained herein are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.