We thank you for your interest in the www.superclub.videotron.com Web Site (the "Site"). Please read carefully these terms and conditions of use (the "Conditions") 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 to the Conditions, please do not use the Site. We reserve the right, at our sole discretion, to modify the Conditions at any time, and such modifications shall be effective immediately upon posting on the Site. You agree to review the Conditions periodically to be aware of such modifications and your continued use of the Site shall be deemed your conclusive acceptance of the modified Conditions.
Rights in regards to the Site and its Content
The Site and all its content is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Le Superclub Videotron Ltd. (the "Company") and/or its affiliates and related companies. Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any licence or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying the Company and/or its affiliates and related companies or their respective products and services displayed on the Site, without the express written consent of the Company or such third party that may own such trade-marks, 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 one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site. The Company entends to aggressively enforce its intellectual property rights to the fullest extent permitted by law.
You will have to 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, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Site. You will 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 to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you, that it deems in 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 unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
You may submit on the Site ratings, reviews, comments, and other materials only if you respect the Conditions. When you provide your comments, you also undertake yourself to limit the content of those to the subject of the movie or the game related to them. The Company does not endorse, and takes no responsibility and assumes no liability for, any content posted by you or any third party. The Company reserves the right (but not the obligation) to remove, restrict, or edit such content, but does not regularly review posted content.
You hereby grant to the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sub-licence any and all material or information submitted by you to the Site and/or to incorporate it in other works regardless of form, medium or technology. In addition, you waive any moral rights that you could have relating to said material or information.
Disclaimer of Warranties & Limitation of Liability
The information contained on the Site is for informational purposes only. Documents provided on the Site are provided as a service only, and do not constitute official versions of such documents. All content, material, information or postings found on or accessed through the Site, are provided on an "as is" basis. The Company, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantable quality, fitness 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 or the content contained in or accessed through the Site. Neither the Company nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of the Site or the content contained in or accessed through the Site, including, but not limited to, the contents of any content, information, material, or posting found on the Site (including, but not limited to, any product descriptions, press releases or financial information), any services provided through the Site, or any links to other sites made available on the Site or the content contained on such site(s), or as to the continuous or error free use and operation of the Internet or the Site. Neither the Company, its affiliates and related companies, nor each of their respective directors, officers, employees, consultants or agents makes any representations or warranties 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 expressly agree that use of the Site is at your sole risk.
Information provided on the Site may contain references or cross references to the Company, its affiliates and related companies' products and services that are not available in your local area and the Company and its affiliates and related companies makes no representations or warranties as to the availability of such products and services in your local area and such references do not imply that the Company and its affiliates and related companies intend to provide such products or services in your local area. The Company recommends that you consult with your nearest store for information regarding the products and services which may be available to you in your local area. Web sites accessed through links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any information, material, content or links on the Site should not be construed as an express nor 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 shall the Company and its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that result 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 neither the Company and its affiliates and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
Confidential Information and Privacy
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Conditions; or (ii) your use of the Site, the content contained in the Site and the placement or transmission of any information or other materials on the Site made by you or others using your account. You agree to forthwith notify the Company immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. The Company reserves the right, in 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 co-operate as fully as reasonably required in the defence of any claim.
If you are not satisfied with the Site or with its Conditions, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you on the Site and all copies thereof. These Conditions shall survive any termination.
Any disputes 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 courts of Canada in Quebec, or any other judicial district or jurisdiction as the Company may determine in any and 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 or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these Conditions, and all documents relating thereto, be drawn up in English.