Conditions of use

  1. Your relationship with ekimondo

    1. The use of the ekimondo.com website and the PARTIRAUTREMENT.CA website (the “Website”) and any other products, services and software, including the ekimondo video player, which could be integrated into that Website (the “ekimondo Player”) provided by ekimondo via the Website (collectively called the “Services” for the purposes hereof) are subject to the provisions of this contract binding you to ekimondo. “ekimondo” means ekimondo, which has its head office at 2177 Rue Masson, Suite 300, Montreal, Quebec, Canada, H2H 1V1.
    2. This contract, which has binding force between you and ekimondo, includes (a) the general conditions stipulated herein, (b) ekimondo’s privacy charter (available at http://www.ekimondo.com/index.php) (collectively called the “Conditions”).
    3. The Conditions have binding force between you and ekimondo regarding the use of the Services. It is important that you read them carefully.
    4. The Conditions apply to all users of the Website, including users who provide ekimondo with video, text and photo content, information and any materials or services.
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  2. Acceptance of the Conditions

    1. To use the Services, you must first accept the Conditions. If you do not accept them, you will not be able to use the Services.
    2. Your use of the Services will signify acceptance of these Conditions. You acknowledge and accept that ekimondo can consider your use of the Services as an acceptance of its Conditions, as soon as they are used.
    3. You may not use the Services or accept the Conditions if (a) you are not of the full legal age required to make a contract with ekimondo, or (b) if the laws of your country of residence or the country from which you access or use the Services prohibit you from receiving or using the Services or prohibit such receipt or use.
    4. We advise you to print or save locally a copy of these Conditions for your archives.
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  3. Language of Conditions

    1. If ekimondo provides you with an English translation of these Conditions, this is made available to you only for convenience, but your relationship with ekimondo will be governed by the French-language version of these Conditions.
    2. In case of a discrepancy between the French version and the translated text of the Conditions, the French-language version will prevail.
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  4. Amendment of the Conditions

    1. ekimondo reserves the right to amend the Conditions periodically. In case of an amendment, a new copy of the Conditions will be available at http://www.ekimondo.com/index.php.
    2. If you use the Services after the date of amendment of the Conditions, you acknowledge and accept that ekimondo considers such a use to be an acceptance of its amended Conditions.
    3. We recommend that you consult these Conditions regularly to be informed of the amendments made.
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  5. ekimondo Accounts

    1. To access the Website’s functions or other Services, you must create an ekimondo account. When you create your account, you must provide complete and accurate information. Please preserve your password’s security and confidentiality.
    2. You must alert ekimondo immediately to any hindrance to security or any unauthorized use of your ekimondo account of which you have knowledge.
    3. You acknowledge that you are solely responsible (to ekimondo and any third party) for any activity performed from your ekimondo account.
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  6. General Restrictions on Use

    1. ekimondo hereby authorizes you to access and use the Website and the Services, subject to observance of the following conditions. You acknowledge that non-observance of any of them constitutes a breach of these Conditions on your part:
      1. you undertake not to distribute all or part of the Website, including, in particular, the Contributions (as defined below), on any medium, without ekimondo’s prior written authorization;
      2. you undertake not to modify or alter any part of the Website or any of the Services, including, in particular, the ekimondo Player and the associated technologies);
      3. you undertake not to access the Contributions (as defined below) or any other content available on the Website (including the ekimondo Content, as defined below) by a means or a technology other than the pages of the Website itself, the ekimondo Player or any other means that ekimondo may explicitly designate in this regard;
      4. you undertake not to attempt to bypass, deactivate or disrupt or not to bypass, deactivate or disrupt in any other manner any security-related function of the Website or any function (i) preventing or restricting the use or copying of the Contributions or of the ekimondo Content or (ii) imposing limitations on the use of the Website or of the content accessible on the Website;
      5. you undertake not to use the Website or any of the Services (including the ekimondo Player) for a commercial purpose, without the prior written authorization of ekimondo. The prohibited commercial uses include, in particular:
        1. resale of access to the Website or one of the Services (such as the ekimondo Player) to another Website with the main purpose of generating revenue via advertising or subscriptions; and
        2. redistribution of the Services (including the Contributions accessible via these Services) with the main purpose of generating revenue via an activity substantially comparable or similar to that of ekimondo, but not including (i) loading of original videos, photos or texts on ekimondo, (ii) maintenance of an original channel on the Website in order to promote a commercial or artistic activity, or (iii) any use expressly authorized in writing by ekimondo;
      6. if you use the ekimondo Player on your Website, you must include a visible return link to the Website on the pages containing the ekimondo Player and you may not modify the ekimondo Player in any manner whatsoever;
      7. you undertake not to use or launch an automated system (including, in particular, any offline robot, spider or player with access to the Website) sending more request messages to the ekimondo servers during a given period of time than a human being reasonably can produce during the same period by using a standard (i.e., unmodified) Internet browser available to the public;
      8. you undertake not to collect or gather personal data on any user of the Website or of any Service (and you acknowledge that this includes the names of the ekimondo accounts);
      9. you undertake not to use the Website and the Services (including the comments and the email functions on the Website) to solicit a commercial activity or an activity related to a commercial enterprise;
      10. you undertake not to solicit the users of the Website regarding their Contributions for commercial purposes; and
      11. you undertake not to access the Videos, photos or texts of Users (as defined below) for any reason other than non-commercial personal use, as provided and authorized by the normal functionalities of the Services and only for Streaming purposes. “Streaming” means the simultaneous digital transmission of material by ekimondo via the Internet, on a device equipped with Internet access and managed by the user, so that the data are intended to be viewed in real time and not to be downloaded (whether permanently or temporarily), copied, stored or redistributed by the user;
    2. You undertake to honour, at any time during the use of the Services, all the other provisions of the Conditions and Rules of the ekimondo Community.
    3. ekimondo grants public search engine managers the authorization to use spiders to copy material from the site for the sole purpose of creating indexes of this material consultable by the public, but not caches or archives of this material. ekimondo reserves the right to revoke these exceptions either in general or in specific cases.
    4. ekimondo constantly innovates in order to offer the best possible experience to its users. You acknowledge and accept that the form and nature of the Services proposed by ekimondo may be modified from time to time, without prior notification.
    5. Within the context of this permanent innovation, you acknowledge and accept that ekimondo may cease (permanently or temporarily) to offer the Services (or any function which is part of the Services) to you and to the users in general, at its sole discretion, without prior notice. You may cease to use the Services at any time. You are not bound to inform ekimondo specifically when you cease to use the Services.
    6. You acknowledge that you are solely responsible (and that ekimondo has no responsibility to you or any third party) for any breach of your obligations under the Conditions and for the consequences of this breach (including the loss and the damages suffered by ekimondo).
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  7. Copyright Protection Policy

    1. All of the content disseminated on the Website, including, but without limiting the generality of the foregoing, the texts, photographs, illustrations, graphics, logos, names, and audio or video excerpts (hereinafter called the “Content”), is subject to protect by the national and international legislation regarding intellectual property and, in particular, regarding copyright. Subject to the rights granted hereunder to your Contributions, all the rights, titles and interests in the Content belong to ekimondo or to its licensors. Any copy, new publication, reproduction, distribution, dissemination, public availability or total or partial modification is strictly prohibited. Any other use of the content disseminated on the Website without the prior written authorization of ekimondo or of its licensors could expose the offender to legal penalties.
    2. Within the context of ekimondo’s copyright protection policy, ekimondo can terminate a user’s access to the Website at any time if this user is a repeat infringer. A repeat infringer is a user who has been notified more than twice of an infringement activity.
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  8. Your Contributions

    1. As an ekimondo account holder, you may submit video content (“User Videos”), photo content (“User Photos”) or written content (“User Comments”) (collectively called “Contributions”). You acknowledge that ekimondo does not warrant the confidentiality of the Contributions, regardless of whether they are published or unpublished.
    2. You retain all your intellectual property rights to your Contributions, but you are bound to concede rights limited to ekimondo and to the other users of the Website. These rights are described in section 10 of these Conditions (entitled “The Rights You Concede”).
    3. You acknowledge and accept that you are solely responsible for your own Contributions and the consequences of their posting or publication. ekimondo does not endorse any Contribution, opinion or recommendation expressed therein and ekimondo expressly declines all responsibility regarding these Contributions.
    4. You represent and warrant that you have (and will continue to have during the use of the Services) all the rights, licenses, consents and authorizations necessary to allow ekimondo to use your Contributions for the purpose of offering its Services and, more generally, under the conditions envisioned on the Website and in these Conditions. You also represent and warrant that your Contributions do not infringe any intellectual property right, property right or any other right of third parties, that they are not contrary to law and that they do not contain any defamatory or otherwise prejudicial material. In consequence of the foregoing, you undertake to hold harmless and indemnify ekimondo and its partners in respect of any and all reasonable damages, expenses, fees and costs incurred or suffered by them as a result of any proceedings instituted by a third party on the ground of non-compliance with any of the foregoing representations and warranties or the breach of the terms of these Conditions.
    5. ekimondo monitors the Contributions disseminated on the Website and, at its sole discretion, may withdraw any element it considers prejudicial to the rights or third parties or contrary to law and block a user’s access to the Website.
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  9. Content of Your Contributions

    1. You undertake that your conduct on the Website (and the content of all your Contributions) complies with the terms of these Conditions.
    2. You undertake not to load or post Contributions containing content that you are not legally authorized to possess in your country of residence or that ekimondo could not legally use or possess for its offer of Services.
    3. You undertake not to load or post Contributions to which third parties hold property rights (including the right to privacy and the right to image), except if you have obtained the authorization or formal permission of the legitimate owner to post the material in question and to concede to ekimondo the rights specified in subsection 10.1 hereinafter.
    4. ekimondo reserves the right (but not the obligation) to decide whether the Contributions are in compliance with the content requirements specified in these Conditions and to suppress any Contribution which would breach these Conditions and/or to terminate a user’s access for the purposes of loading such a Contribution, at any time, without notice and at its complete discretion.
    5. You also acknowledge that, by the mere fact of using the Website and the Services, you may be exposed to inaccurate, shocking, indecent or otherwise reprehensible Contributions. You accept to waive and you hereby expressly waive all the rights and recourses you have or may have, under the law or by equity, against ekimondo regarding the Contributions.
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  10. The Rights You Concede

    1. When you load or post a Contribution on ekimondo, you concede:
      1. to ekimondo, the non-exclusive, assignable right (including the right to sublicense), without financial consideration and worldwide, to use, reproduce, distribute, represent and run the Contributions within the framework of the offer of Services or in relation to the availability of the Website and ekimondo’s activity and to create works derived therefrom, including, without limitation, for the promotion and redistribution of all or part of the Website (and of the derived works resulting therefrom), in any format and on any medium;
      2. to each user of the Website, the non-exclusive, assignment right, without financial consideration and worldwide, to access your Contributions via the Website and to use, reproduce, distribute, represent and run the Contributions or to create works derived therefrom to the extent authorized by the Website’s functionalities and by these Conditions.
    2. The foregoing rights you concede to the User Videos shall cease when you remove or suppress your User Videos, Photos, Texts or Information from the Website. The foregoing rights to the User Comments are perpetual and irrevocable, but without prejudice to the property rights you retain in accordance with the foregoing subsection 8.2.
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  11. ekimondo Content on the Website

    1. Except for the Contributions, any other content available on the Website, including, in particular, the texts, software, scripts, graphics, photos, audio, music, videos and interactive functions present on the Website (the “ekimondo Content”) is the property of ekimondo or is conceded to ekimondo under license; it is protected by copyright, trade-mark and any other intellectual property rights held by ekimondo or its licensors. All the third-party marks present in the ekimondo Content are marks held by their respective owners.
    2. The ekimondo Content may not be downloaded, copied, reproduced, distributed, transmitted, disseminated, posted, sold, conceded under license or exploited in any other manner for any purpose whatsoever, without the prior written agreement of ekimondo or of its licensors. ekimondo reserves all the rights not expressly conceded to the ekimondo Content.
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  12. Links from ekimondo

    1. The Services may contain hyperlinks to other websites which do not belong to ekimondo or are not controlled by ekimondo. ekimondo does not exercise any control over the content, privacy charters or practices of the third-party sites and declines all responsibility in this regard.
    2. You acknowledge and accept that ekimondo is not responsible for the availability of these external websites and resources and does not endorse the advertising, products or other material appearing on or accessible from these external websites or resources.
    3. You acknowledge and accept that ekimondo cannot be held liable for any loss or damage you might suffer due to the availability of these external websites or resources or to the confidence you give to the exhaustiveness, accuracy or existence of any advertising, product or other material on these websites and resources, or accessible from them.
    4. ekimondo encourages you to be vigilant when you exit the Website and to read the general conditions and the privacy principles of the other sites you may visit.
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  13. Cessation of Your Relationship with ekimondo

    1. These Conditions will continue to apply until their cancellation by you or by ekimondo on the conditions set out hereinafter.
    2. If you wish to cancel your binding contract with ekimondo, you may do so either (a) by notifying ekimondo at any time, or (b) by closing your ekimondo account. Your notification must be addressed in writing to the ekimondo address indicated at the head of these Conditions.
    3. ekimondo may cancel your contract at any time if:
      1. you do not honour one of the provisions of these Conditions (or act in a manner which clearly shows that you do not intend or that you are unable to honour the provisions of these Conditions); or
      2. ekimondo is compelled to do so by law (for example, if the fact of providing the Services to you is or becomes illegal); or
      3. ekimondo is preparing to cease to provide the Services to the users in your country of residence or in the country in which you use the Services; or
      4. it is no longer commercially viable to make ekimondo’s Services available to you, from ekimondo’s point of view.
    4. Upon the cancellation of the Conditions, all the rights, obligations and responsibilities from which you and ekimondo have benefited or to which you and ekimondo are subject (or which have accumulated over time though the term of application of the Conditions) or which are stipulated to last indefinitely, will not be affected by the said cancellation and the provisions of subsection 16.6 will continue to apply indefinitely to these rights, obligations and responsibilities.
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  14. Exclusion of Warranties

    1. No provision of these Conditions will affect the rights provided by law to which you may have a claim as a consumer nor your right to refuse to amend them by contract nor your right to refuse to waive them contractually.
    2. The Services are provided as is and ekimondo makes no representation and grants no warranty in this regard.
    3. In particular, ekimondo neither represents nor warrants that:
      1. the use of the Services will meet your needs;
      2. your use of the Services will be uninterrupted, timely, secure or free of error,
      3. any information you will have obtained by using the Services will be accurate or reliable, and
      4. the faults in the operation or functionalities of any software, which will have been provided to you under the Services, will be corrected.
    4. Subject to the warranties expressly provided in these Conditions, no condition, warranty or other provision (including any implicit warranty of satisfactory quality, suitability of a specific use or conformance with the description) applies to the Services.
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  15. Limitation of Liability

    1. No provision of these Conditions may limit or exclude ekimondo’s liability in case of losses which cannot be excluded or limited under the applicable law.
    2. Subject to the general provision of the foregoing subsection 15.1, ekimondo will not be liable to you for:
      1. any indirect or consecutive damage which might be caused to you, including any loss of profit, (whether it is caused directly or indirectly), any loss of clientele or business reputation or any loss of data you might suffer;
      2. any loss or any damage you might suffer due to:
        1. the confidence given to the exhaustiveness, accuracy or existence of any advertising or resulting from any relationship or transaction between you and any of the advertisers or sponsors whose advertising appears in the Services;
        2. any change that ekimondo might make to the Services or any temporary or permanent suppression in the offer of Services (or the functions proposed under the Services);
        3. the suppression, corruption or faulty storage of Contributions and other communications data stored or transmitted through use of the Services;
        4. your failure to communicate precise information concerning your account to ekimondo;
        5. your inability to store your password or the information from your ekimondo account in total safety and confidentiality.
      3. The limitations of ekimondo’s liability in your regard appearing in the foregoing subsection 15.2 will apply, regardless of whether ekimondo has been warned of the contingency of the occurrence of such losses or whether it should have known of such contingency.
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  16. General Provisions

    1. These Conditions constitute the entire agreement between you and ekimondo regarding your use of the Services and replace, in their entirety, all previous agreements entered into between you and ekimondo regarding the Services.
    2. You accept that ekimondo will address notices to you, including those amending the present Conditions, by email, by the post office or by posting on the Website.
    3. You acknowledge that if ekimondo does not exercise or avail itself of any right or remedy stipulated in these Conditions (or from which ekimondo may benefit under any applicable law), this does not constitute a formal waiver by ekimondo of its rights, and these rights and remedies will remain valid and applicable for ekimondo.
    4. If any of the provisions of these Conditions is judged to be null and void by any decision of a competent court, it will be suppressed without affecting the other provisions of the Conditions. The remaining provisions will remain valid and applicable.
    5. You acknowledge and accept that each member of the group of companies to which ekimondo belongs is considered to be a third-party beneficiary of the Conditions and that these other companies are authorized to avail themselves directly of these Conditions from which they benefit and to rely on them. Except for what is specified herein, no other person or company will be considered a third-party beneficiary of these Conditions.
    6. These Conditions and your relationship with ekimondo under these Conditions are governed by English law. You accept with ekimondo to submit to the exclusive jurisdiction of the English courts in the event of a dispute resulting from these Conditions. Notwithstanding the foregoing, you acknowledge that ekimondo may solicit conservatory measures (or any urgent measures or equivalent injunction) from the jurisdictions of any country.
    7. The Bell Broadcast and New Media Fund is not responsible for the accuracy or validity of the allegations or representations found in the documents, the content, the products or and the corresponding graphics contained on this Website. Moreover, the Bell Broadcast and New Media Fund expresses no opinion as to the relevance of the information contained in these documents, these contents, these products and these corresponding graphics of the Website for any purpose whatsoever. This information is not assorted with any assurance whatsoever. The Bell Broadcast and New Media Fund is in no case liable for special, indirect or consecutive damages, resulting from the use or application of the information provided on or related to this Website.
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