Agreement This Agreement constitutes your agreement with Unik Experience, a Quebec corporation based in the province of Quebec, with respect to your use of the Website. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Website. As used in this Agreement, "we" and "us" means Unik Experience or any successor or assign of Unik Experience. Changes. We reserve the exclusive right to modify this Agreement at any time. All changes will take effect immediately and any continued use of the Website will be deemed conclusive of your acceptance of the modified Agreement. The current version of this Contract can be found at https://www.letsgoplayoutside.com.
Registered User Accounts. You may have to register as a user in order to access certain parts of the Website. If you choose to register, you agree to provide true, accurate, current and complete information about yourself as prompted during the registration process and to maintain and promptly update this information to keep it accurate and current. During registration for a user account, you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Unik Experience of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. Unik Experience will not be liable for any loss or damage arising from your failure to comply with this section. Submissions. The Website offers features that allow you to view and post articles, messages, data, text, software, photographs, images, audio clips, video clips and other materials (“Your content”) and interact with Unik Experience, its employees and agents as well as with other users.
By posting, uploading or submitting Your Content to the Website, you automatically grant (or automatically warrant that the owner of the rights to such material, information or content has expressly granted) Unik Experience a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of Your Content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in Your Content in favor of Unik Experience. You represent and warrant to Unik Experience that: i) Your Content is original; ii) Your Content does not infringe any rights to intellectual property, including, without limitation, copyrights; iii) you are the sole owner of all rights to intellectual property, including, without limitation, copyrights, in Your Content or you have obtained written permission from the owner therefrom to submit Your Content; and iv) Your Content is not in any way libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
Copyright All articles, text, data, graphics, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including the manner in which the content is presented, is protected by copyright. The Content, and the copyright in the Content, belong to Unik Experience, its affiliates, its licensors and\or to the persons recognized as content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Website and maintain such notices in the Content.
Unik Experience’s policy with respect to claims by third parties that the Content of the Website, including the content submitted by users of the Website, infringes the copyrights owned by said third party can be found in our . Trade-marks. « Unik Experience » is a trade-mark of Unik Experience in Canada. All other products, services and company names mentioned in the Website may be trade-marks either belonging to us or to their respective owners. You shall not use any trade-mark displayed on the Website without the express written permission of the relevant owner of the trade-mark.
Termination You acknowledge that Unik Experience may, at its sole and absolute discretion, and without prior notice, suspend, cancel or terminate your account, your use or your access to this Website, as well as remove and delete any information or content, including Your Content, relative to this Website and terminate your use thereof, for any reason whatsoever, including in the event that the Unik Experience believes, at its sole and absolute discretion, that you have infringed this Agreement. Moreover, you acknowledge that Unik Experience is not accountable to you or anyone pursuant to such a suspension, cancellation or termination. Should you experience dissatisfaction with this Website, terms, conditions, rules, policies, guidelines or practices of Unik Experience in regard to the operation of this Website, your only remedy consists in discontinuing the use of said Website.
Advertising and Links to Third Party Website The Company accepts advertising from other organizations and receives a fee from their advertising on the Website. No endorsement by the Company is intended or implied by the presence of such advertising. In addition, as a convenience to our visitors, the Website currently contains links to a number of third party websites. Your browsing to such websites or pages is at your own risk. Unik Experience is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. We provide these links merely as a convenience and the inclusion of such links does not imply that Unik Experience endorses or accepts any responsibility for the content or uses of such websites.
Website linked to this Website Certain websites may be linked to this Website. Not all of these links may have been permitted by Unik Experience. Regardless of whether a link has been permitted by Unik Experience, Unik Experience is not responsible for the contents of any website that is linked to this Website. Unik Experience makes no representations or warranties, and does not endorse, any website that is linked to this Website, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Website does not imply that Unik Experience sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
Dealing with Third Parties Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Website is solely between you and such third parties, and Unik Experience has no control over the quality or legality of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. We are not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not Unik Experience, are responsible for compliance with all laws applicable in any such transaction.
12. Disclaimers and Limitation of Liability Any use of or reliance on this Website, the contents of this Website or the information provided through this Website shall be at your sole risk. The Website and the Content are provided to you “as is” and “as available” and without warranty or condition of any kind, whether express or implied. In particular, Unik Experience does not control the Content posted by users on the Website and makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Website. Furthermore, to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement of third party rights, freedom from computer virus, and warranties arising from course of dealing or course of performance. We do not represent or warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server which makes the Website available is free from viruses or other harmful components. We shall not be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages, arising out of or in connection with the use or performance of the Website or any other site you may access while using the Website or your use of the Content, even if advised of the possibility of such damages.
Web Scraping/Harvesting The framing, scraping, data-mining, extraction or collection of the Content of the Website in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Website.
Disclosure and Other Communication We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Website or of any related products and services. We reserve the right to disclose information about your usage of the Website and demographics in forms that do not reveal your personal identity. By your use of the Website, you consent to such disclosures and communications subject to the terms of our Privacy Statement. Miscellaneous. This Agreement and all other documents referenced herein constitute the entire agreement between Unik Experience and you with respect to your use of the Website. Unik Experience's failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of this Agreement is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement has been drawn up in the French and English language. In the event of any differences, the French version shall prevail.
Governing Law This Agreement will be governed by the laws of the province of Quebec and by the laws of Canada applicable therefrom. The parties also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the District of Saint-Hyacinthe, Province of Quebec.