Terms and conditions of use
These Terms and Conditions of Use constitute a legal agreement between you and QA International, a division of Les Éditions Québec Amérique inc. (hereinafter referred to as “QA,” “we” or “our”). Please read this agreement (the “Agreement”) in its entirety before you continue to use Web sites from the ikonet network (the Web sites and/or the network together hereinafter referred to as “ikonet”). Your use of our site indicates your acceptance of the current Terms and Conditions.
OWNERSHIP OF THE WEB SITES
QA owns and operates ikonet. With the exception of the advertisements, all of the content included, featured or displayed on ikonet, such as illustrations, images, graphics, photographs, text, moving images and sound (the “Content”), is owned by QA.
All elements of ikonet, including, but not limited to, the general design and the Content, are protected by trade, copyright, moral rights and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with QA, no portion or element of ikonet or the Content may be copied or retransmitted via any means, and ikonet, the Content and all related rights shall remain the exclusive property of QA unless otherwise expressly agreed. You shall indemnify QA against any losses, expenses, costs or damages incurred as a result of your breach of the terms of this Agreement or of your unauthorized use of the Content and related rights.
You may not reproduce, distribute, transmit or otherwise exploit for commercial purposes the Content, the design or layout of ikonet, individual elements of ikonet’s design, QA logos or other logos appearing on ikonet, without the express written permission of QA.
You may display, print or download parts of the Content only for your personal, non-commercial use, provided you do not remove or alter any copyright, trademark, service mark or other proprietary notices or legends.
If you want to post, publish or use part of the Content on your blog, and provided that your blog is accessible free of charge and exploited for non-commercial purposes only, please refer to the “‘Blog This’ License Agreement” hereunder.
DISCLAIMERS
The Content and ikonet are provided “as is” and QA excludes to the fullest extent permitted by applicable law any warranty, expressed or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose, or compatibility with any computer or other electronic device.
While QA uses reasonable efforts to ensure the accuracy of the Content on ikonet, it makes no representations or warranties as to the accuracy, correctness or reliability of the Content. Further, QA makes no representations or warranties that the functional aspects of ikonet will be uninterrupted or error-free, or that ikonet or the server that makes them available are free of viruses or other harmful components. You acknowledge that your use of ikonet is at your own risk.
Except as specifically stated in these Terms and Conditions, the Privacy Policy or elsewhere on ikonet, or as otherwise required by applicable law, neither QA nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of ikonet or the Content whether or not we have been advised of the possibility of such damages.
LINKS TO THIRD-PARTY WEB SITES
Links to third-party Web sites that are not under the control of QA may be displayed on ikonet. QA shall not be responsible for the content on any linked Web site. If you access a third-party Web site from ikonet, then you do so at your own risk. QA provides these links only as a convenience and the inclusion of the links does not imply that QA endorses or accepts any responsibility for the content on those third-party Web sites.
GOVERNING LAW
The present Terms and Conditions will be governed and interpreted exclusively by the laws in force in the Province of Quebec, Canada, without regard to its conflict of law provisions. The parties submit to the exclusive jurisdiction of the Courts having authority in the Province of Quebec, Canada. If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity of the balance of the Terms and Conditions, which shall remain valid and enforceable according to their terms.
We reserve the right to change these Terms and Conditions, prices, information and available contractual license terms featured on this Web site without notice.
If you are unsure of your rights under these Terms and Conditions, please contact us for more information.
“BLOG THIS” LICENSE AGREEMENT
This is a legal agreement between you and QA (the “License Agreement”). Read this agreement in its entirety before you post any Content obtained on ikonet. By publishing on your blog any content from ikonet, you agree to be bound by the terms of this agreement.
GRANT OF LICENSE
QA grants to you a nonexclusive, non-sublicensable right to post, publish or use the content you have selected from this Web site (hereinafter referred to as “QA Content”) on your blog, provided that your blog is accessible free of charge and exploited for non-commercial purposes only. You may not use the QA Content on more than one computer or workstation at a time, or on a network or a multi-user system.
No modifications may be made to the QA Content.
The QA Content may not be used for any commercial purposes, and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the QA Content.
This License Agreement is effective as of the date you electronically accept this License Agreement.
If you are unsure of your rights under this License Agreement, or wish to use the QA Content in a manner not permitted by this Agreement, subject to the terms of a separate License Agreement, please contact us for more information.
WARRANTY
QA makes no warranty, either expressed or implied, of merchantability, fitness for any particular use or compatibility with any computer or other kind of equipment. Neither QA nor any of its trustees, agents, employees, representatives or associates shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental or other damages arising out of this License or otherwise, including any lost profits or lost savings, even if a QA representative has been advised of the possibility of such damages, or for any claim by any third party.
GENERAL
The License Agreement will be governed and interpreted exclusively by the laws in force in the Province of Quebec, Canada, without regard to its conflict of law provisions. The parties submit to the exclusive jurisdiction of the Courts having authority in the Province of Quebec, Canada. If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of the License Agreement, which shall remain valid and enforceable according to its terms.
All rights to the QA Content are owned by QA and are protected by Canadian copyright laws, international treaty provisions and other applicable laws. QA retains ownership of the QA Content and any subsequent copies on any media or any form, as well as all rights not expressly granted by this License Agreement. A credit reading “© QA International, 2011. All rights reserved.” should appear adjacent to the QA Content or on an obvious credits page or screen.
You may not rent, transfer or grant any rights to the QA Content, without prior written consent of QA.
No action of QA, other than an express written waiver or amendment signed by duly authorized representatives of QA, may be construed as a waiver or amendment of any of the terms and conditions of this License Agreement.
The license contained in this License Agreement will terminate automatically without notice from QA if you fail to comply with any terms or conditions of this License Agreement. Upon termination, you must immediately stop using the QA Content.
Use of the QA Content must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to currency and the law of moral rights (pornographic, defamatory, libelous or otherwise unlawful use of QA Content is prohibited).
If you are unsure of your rights under this Agreement, please contact us for more information.
