Terms of use

LEGAL NOTICE

PLEASE READ THE DISCLAIMERS AND TERMS OF USE BELOW CAREFULLY. By accessing and browsing this site, you (the “User”) indicate that you fully agree to these terms and conditions. If you have not done so, please read these terms and conditions. If you do not agree with these terms and conditions, PLEASE EXIT THIS SITE IMMEDIATELY.

TERMS OF USE – COPYRIGHT AND TRADEMARKS

All names, titles, logos, and designs contained in this site that identify our products and brands, and all names, titles, logos, and derivative and related designs are trademarks and the sole property of MODE ÉZÉ PLUS Inc. or of any of its subsidiaries, affiliates or divisions (hereinafter collectively “Mode Ézé Plus”) Any other name, title, logo or design found on this site is the exclusive property of its respective holder.

This site contains elements, trademarks and other proprietary information, including, but not limited to, text, photographs, images, illustrations, music, audio clips, video clips, software and other copyrighted material (collectively the “Material”) and the entire content of this site are works of art and are protected as such by Canadian and International Copyright Laws and trademarks and international treaty provisions. Mode Ézé Plus owns the copyrights on the original material, on its selection, coordination, arrangement or embellishment of this material.

No part of the material on the site may be copied, reproduced, republished, downloaded, displayed, transmitted or distributed in any way without our written permission. However, where possible, you have the right to download a copy of the site on a single computer for your private, personal, non-commercial use provided that you (i) do not modify copyright notices and other proprietary notices, (ii) do not modify the material, (iii) do not use the material in a manner that suggests a link to our products, services or brands, and (iv) you acknowledge that you have no ownership or use rights over the downloaded material.

By accessing the content of this site, you agree to abide by these terms and conditions with respect to the laws that govern copyright and trademarks.

Unauthorized use of the material on this site is subject to criminal penalties under the laws of Canada. It is strictly forbidden to use or alter the trademarks, service marks, logos or characters reproduced on this site. Mode Ézé Plus, and the logos associated with it are trademarks of Mode Ézé Plus inc.

LINKS

Overall, it is not our policy to provide links to other sites. However, this site may sometimes contain links to third party sites. The owners of these other sites manage their own content which is neither verified nor approved by Mode Ézé Plus. The posting of these links should not be construed as an endorsement, guarantee or recommendation of the products or services offered through these sites. You access these external sites at your own risk. Third party sites may provide access to this site, but may not reproduce content. In addition, it is forbidden to claim that Mode Ézé Plus is associated with a third party or approves its site or products. Third party sites that contain a link to this site must not contain any material that is offensive, offensive or controversial, and must have content that is appropriate for all age groups. Mode Ézé Plus may withdraw from a third party the right to post a link to its site at any time, in its sole discretion.

RULES OF CONDUCT

It is forbidden on this site to transmit material that harms a person’s reputation or privacy, which is obscene, pornographic, insulting or intimidating, that violates third-party intellectual property laws or who contravenes any other law. It is prohibited to use this website to solicit customers or offer products or services for sale. It is forbidden to use the email service to transmit unauthorized or unsolicited messages, including emails (“spam”).

Mode Ézé Plus may at any time terminate your use of this site as a result of a breach of these terms and the user will indemnify Mode Ézé Plus and its representatives from any resulting third party claim, if any.

Use of this site is governed by Mode Ézé Plus’ Privacy Policy, which is incorporated into this site.

DISCUSSION GROUPS

“Discussion group” means a chat room, a message board, an e-mail or any other message or means, space or communication mechanism offered by the site or any mobile program operated by Mode Ézé Plus. If you participate in a discussion group on this site, you must not under any circumstances :

• to commit an indictable offense or a near-offense, including, without limitation, any crime related to pornography, threats, intimidation, hatred, aggression, or any economic crime;
• defame, abuse, harass, stalk, threaten, hinder, violate or otherwise prejudice contractual rights, good reputation, confidentiality, protection of personal or public life, moral, or any right provided by law or recognized in common law or any intellectual property right of others;
• publish, post, distribute or divulge any defamatory, obscene, indecent or unlawful information or material, or otherwise interfere with someone’s rights;
• download or transmit files that contain viruses, corrupted files or any other such program or program that could affect the proper functioning of our computer system or that of any other user;
• remove or modify any mention of copyright, trademark, brand name, logo, legal notice, proprietary designation or tag in any file that is downloaded or submitted;
• falsify the origin or source of software, information or content of a file that is uploaded or downloaded;
• advertise, solicit or offer for sale goods or services, conduct or circulate polls, contests or letters forming part of a chain;
• download any file displayed in a discussion group that you know, or that it is reasonable to expect you to know cannot legally be transmitted in this way;
• or behave in a manner that encourages or induces actions prohibited by these terms, as well as plotting to do such actions.

You understand and agree that any discussion in the discussion group may not be private and that discussion groups may only be used for non-commercial communications. In addition, you understand and agree that chat, posting, conferences and other communications between users are not tracked, monitored, screened, filtered, approved or sanctioned by us. However, we reserve the right, without this being an obligation on our part, to monitor the content of the site, including discussion group, and to remove, refuse to post or edit any text or content that we, in our sole discretion, consider to be in violation of the terms herein, or consider otherwise inadmissible. Users remain fully responsible for the content of their communications. We reserve the right, in our sole discretion, to deny access to the site to any user without notice.

By posting, uploading or submitting any material or content to a discussion group or us, you automatically give us (or you automatically guarantee that the person who has the rights expressly grant us) the right and the permanent, free license royalty, irrevocable and non-exclusive worldwide to create derivative works from any or all parts of such material or content, and to use, reproduce, modify, adapt, publish, to translate, transmit, distribute and in any way exploit one or all parts of this material or content in any way whatsoever, in any media, and by any known and non-known technology. In addition, you irrevocably waive any so-called “moral” right with respect to any content or file posted, downloaded or submitted by you.

WAIVER

The user waives all rights in the stories, ideas, drawings, opinions and other works that they display on the website of Mode Ézé Plus. In addition, the user may only display on the site works of which they are the sole author.

COMPETENCY QUESTIONS

It is forbidden to integrate the content of this site, on a third party website, by framing or otherwise, without the express written consent of the trademark owner appearing on it. This site is controlled and operated by Mode Ézé Plus in Canada with the permission of the owners of copyrights and trademarks. Mode Ézé Plus does not guarantee that the information contained on this site is accurate abroad or can be used there.

TERMINATION

This agreement remains in effect until terminated by either party. The user may terminate this agreement at any time by destroying all material downloaded from the Site. Mode Ézé Plus may terminate this agreement without notice as soon as it deems, in its sole discretion, that the user is in breach of any condition herein. In the event of termination, the user must destroy all material obtained from the site and all copies made of it, in accordance with this agreement or otherwise. The user declares that they will not transmit on the site of Mode Ézé Plus any material that damages the reputation or the private life of a person, which is obscene, pornographic, insulting or intimidating, or which violates rights intellectual property or the law. In the event of such a contravention, Mode Ézé Plus may terminate this agreement and the user is required to guarantee Mode Ézé Plus and its representatives of any potential lawsuit by a third party as a result of such contravention.

EXCLUSION OF WARRANTY

THE CONTENT OF THIS SITE IS PRESENTED AS IS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MODE ÉZÉ PLUS MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE EXCLUSION OF VIRUSES OR THE ACCURACY, QUALITY OR RELIABILITY OF THE CONTENT OF THE SITE. THE USER ASSUMES, TO THE TOTAL DISCHARGE OF MODE ÉZÉ PLUS, ALL THE COSTS OF SERVICE, REPAIR OR CORRECTION NECESSARY. MODE ÉZÉ PLUS DOES NOT WARRANT THAT THIS SITE AND THE SERVERS THAT MAKE THIS SITE AVAILABLE WILL BE FUNCTIONAL WITHOUT INTERRUPTION OR FREE OF ERRORS OR VIRUSES, OR THAT SUCH DEFECTS WILL BE FOUND AND CORRECTED. FURTHERMORE, MODE ÉZÉ PLUS MAKES NO REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, AUTHENTICITY AND RELIABILITY OF THE CONTENT, SERVICES AND MERCHANDISE THAT APPEAR ON THE SITE. MODE ÉZÉ PLUS RESERVES THE RIGHT, IN ITS ENTIRE DISCRETION, TO MODIFY OR UPDATE THIS SITE, AS WELL AS THESE DISCLAIMERS AND CONDITIONS OF USE AT ANY TIME, WITHOUT NOTICE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IF THE USE OF THIS SITE RESULTS IN RISKS THAT YOU ASSUME ENTIRELY. YOU AGREE TO INDEMNIFY MODE ÉZÉ PLUS, ITS ADMINISTRATORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY LIABILITY FOR CLAIMS ARISING IN ANY WAY FROM YOUR USE OF THIS SITE, INCLUDING BY DISPLAYING, DOWNLOADING OR SUBMITTING INFORMATION OR CONTENT ON THIS SITE OR AT ANY FORUM, OR FOLLOWING YOUR BREACH OF THESE TERMS AND CONDITIONS OF USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ÉZÉ PLUS BE LIABLE FOR ANY INDIRECT OR PARTICULAR DAMAGES, WHATEVER CIRCUMSTANCES, OCCASIONED BY THE USE, OR INABILITY TO USE, THE CONTENT OF THIS SITE, EVEN IF MODE ÉZÉ PLUS OR ITS AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ÉZÉ PLUS’ LIABILITY TO A USER FOR DAMAGES, LOSSES OR PROSECUTIONS MAY NOT EXCEED THE AMOUNT PAID BY THE USER FOR ACCESSING THIS SITE. IT IS THE USER’S RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO PROTECT THEIR COMPUTER FROM VIRUSES AND MAKE A BACKUP COPY OF THEIR FILES BEFORE DOWNLOADING INFORMATION FROM A WEB SITE. MODE ÉZÉ PLUS REPORTS THAT ITS WEBSITE MAY CONTAIN ON OCCASION INACCURACIES OR TYPOGRAPHICAL ERRORS. MODE ÉZÉ PLUS RESERVES THE RIGHT TO MODIFY OR UPDATE THESE TERMS AND DISCLAIMERS OF LIABILITY.

APPLICABLE LAW AND ENTIRE AGREEMENT

These terms and conditions shall be governed by the laws of Quebec and the laws of Canada applicable in that province, and shall be construed in accordance with those laws, notwithstanding any provision relating to conflicts of law. Any provision of these Terms and Conditions declared void, illegal or inoperative shall be deemed unwritten and shall not render these terms and conditions invalid with respect to the remainder. These terms and conditions represent the entire agreement between the parties regarding the use of this site and may not be modified, except by Mode Ézé Plus, from time to time, in accordance with the provisions set out above. Failure by Mode Ézé Plus to insist on the execution of or to perform any provision provided for herein or shall be interpreted in any way as a waiver of any right on its part.