ACCEPTANCE OF THE PRESENT GENERAL TERMS AND CONDITIONS OF USE
MODIFICATION OF THE PRESENT GENERAL TERMS AND CONDITIONS OF USE
The present General Terms and Conditions of Use apply to the entire contents of the Website, belonging to ConcoursMania Canada Inc. (hereinafter the “Editor”). The registered office is located at 350-204 rue Notre-Dame Ouest, Montréal, QC, Canada, H2Y 1T3.
At any moment, and without prior notification, the Editor has the right to modify the present General Terms and Conditions of Use of the Website.
Each User should regularly consult the present general Terms and Conditions of Use in order to be aware of potential changes. If a User connects to the Website on a regular basis, he must be aware of the present general Condition of Use and must accept them.
The Website, its general framework, texts, graphics, images, sounds and videos are owned by the Editor.
The whole Website is under the Canadian and international legislation regarding copyright and intellectual property. Any complete or partial representation, reproduction, publication, use of all or any of the elements of the Website (trademarks, logo, software, data, information, text, illustration, pictures, banners, buttons, pop-up, music and other distinctive signs) and all the Services offered by the Website, regardless of the means used, is strictly forbidden except under prior written authorization. It could be considered as a copyright violation under the article 27 and following regarding copyright law (“L.R.C.” law of 1985). The relevant text can be found here: http://laws-lois.justice.gc.ca/PDF/C-42.pdf
Any requests concerning the written authorisation mentioned below must be sent to the Editor's Registered Office.
The User assigns its intellectual property rights to the Editor and free of charge. These rights cover messages and content published on the Website, especially the rights of reproduction, representation and adaptation via all known and to date unknown media or support, on Internet or not, and for unlimited time.
The User, its successors, or assigns waive any moral rights that he/she may have therein in favor of the Editor.
THE EDITOR'S LIMITATION OF LIABILITYThe Website Content
The Editor strives to keep the Website up to date but cannot guarantee that the Website contained timely information. The Editor reserves the right to change these information at any time, without notice.
The information contained on the Website is given purely for information purposes. The information could not be interpreted as suggestions, orders or queries.
The Editor shall in no event be liable for any damages whatsoever resulting from the interpretation or use of the information contained of the Website.
The User is the only person legally responsible for the content (texts, images, sounds, etc.) shared on forums, blogs, discussion groups, social media networks. The Editor only acts in these sections as a sole web space-provider, without general obligation on the Editor to monitor content.
As a result, the User guarantee the Editor against any proceedings, dispute, claim, damage and interest claim. This also applies in case a third party's content is sharing on the Website. The Editor reserves the right to call the User as guarantor. The User waives exercising any recourse against the Editor due an illicit use and/or exploitation by a third party of the Website.
At the request of the judicial authority or from a third party, the Editor reserves the right to share all the information within its possession enabling or facilitating the User identification. The information convers IP address and time of connection, especially if the User do not respect the obligations mentioned in the Present General Terms and Conditions of Use.Introduction of Contestluck
The Website presents new Contests every day: electronics, trips, gift cards, gift certificates, appliances, shows, and much more. All the Contests available on our Website are organized by third party websites or ConcoursMania Canada Inc. For each Contest, the Participant is invited to read and to accept the Contest's dedicated Official Rules.HyperText Links
The Website contains hypertext links referring to third party websites. These links are available on the Website for general information purposes only. The Editor has no control over these websites and is not responsible or liable in any way for their access, their content, or uses of such websites, or for any damage resulting from the consultation of the information posted on these Websites. A User deciding to visit a third party website via the hypertext links available on the Website assumes full responsibility of this action.
The Editor is not responsible or liable for the content and activities of third party websites.Accessibility on the Website
The Editor strives to ensure the Website accessible 24 hours a day. However, the Editor declines any responsibility resulting from:
- The Website interruption for technical maintenance operations or actualisation of published information;
- Momentary unable to access to the Website due to technical problems regardless of its nature and source;
- Direct or indirect damages for the User of any kind whatsoever, resulting from the content, the access or Website's use;
- abnormal use or illicit exploitation of the Website. In such a situation, the User is the only person liable to the damages caused to a third party. The User will also be liable for the direct consequences of such a damage.
Entering the Website implies knowledge and acceptance by the User of the characteristics and limits of the Internet, specifically regarding its technical performance, the response time for consulting, examining or transferring information, the risk of interruption, and more generally, the risks inherent in any Internet connection and transmission, the lack of protection for certain data against any misappropriation or piracy and the risk of contamination by viruses on the network.
As a result, the Editor is not responsible or liable (but not limited to these situations) for:
- the transmission and/or of the receipt of any data and/or information with undesirable content on Internet,
- any malfunction of the Internet network preventing the proper access to the Website and/or the good progress and/or operation for one or more Contests suggested on the Website,
- a defect in any receiving equipment or lines of communication,
- the loss of any paper mail or electronic mail, and, more generally, the loss of any data,
- delivery problems,
- any malfunction of software,
- the consequences of any virus, computer problem, anomaly or technical defect,
- any damage caused to a computer of a User,
- technical, hardware or software defect of any nature whatsoever which may prevent or limit participation for one or more Contests suggested on the Website or which may damage the computer system of the User.
- possible malfunction of the Internet network involving failures in the administration, safety, integrity or the management of Contests or services offered on the Website.
Each entrant visiting the Website and taking part to the Contests is acting under its own responsibility.
It is up to each User to take the necessary precautions to protect their own information, software and computer equipment against any damage.
LAW AND COURTS
The use of the Website and the Present General Terms and Conditions of Use are to be ruled and interpreted under the law of Quebec, Canada, without regard to conflict of law principles. Regardless of location, any litigation caused by the validity, interpretation, acceptance, or achievement of the Present General Terms and Conditions of Use will be subject to an attempt of settlement.
If no amical agreement is reached within (3) three months, the tribunal located in the judicial district of Montreal (Province of Quebec) shall have sole jurisdiction in settling any litigation, even in the event of call in guarantee, plurality of defendants, urgent or interim proceedings.