Fédération des producteurs acéricoles du Québec
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Conditions of Use

Conditions of Use for the Federation of Quebec Maple Syrup Producers’ Websites

Last revised: 2015/02/20

This document states the conditions of use for the Federation of Quebec Maple Syrup Producers’ (the “FPAQ”) websites, with addresses www.fpaq.ca, www.siropderable.ca, www.jaimelerable.ca, www.creatifsdelerable.ca, www.icionsertduvraisirop.ca and www.siropcool.ca, and any other website operated by the FPAQ (collectively and individually the “Website”).

Any user of the Website is deemed to have read, accepted and recognized the validity of the conditions set out below, and undertakes to respect them and be bound by them. If a user of the Website does not accept these conditions of use, they must stop using the Website. The FPAQ may, at any moment and without prior notice, modify these conditions of use. The users of the Website are asked to check regularly if the conditions of use have been modified. The users are deemed to have accepted any modifications to the conditions of use if they continue to use the Website following the publication of the modifications.

These conditions of use form the full set of rights and obligations associating the FPAQ and any user of the Website, and replace any condition or prior provision relating to the use of the Website. No verbal or written declaration from an employee or director of the FPAQ, or any other person, may modify or substitute these conditions of use.

The Website is managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. These conditions of use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws, In the case that any part of these conditions of use were to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these conditions of use and would thus not affect the validity or enforceability of these other provisions, which would be interpreted without making reference to the removed section. Any litigation resulting from or associated to the use of the Website or to these conditions of use shall be subjected to the exclusive jurisdiction of the courts of Quebec or a federal Canadian court, in the judicial district of Longueuil, despite any potential application of the principle of conflicting laws.

The Website is accessible through the use of the Internet and in standard Internet formats. The FPAQ reserves the right to modify these formats at all times and it is the obligation of the user to procure, at their cost, access to the Internet as well as any software required to access the Website.

Copyright

All articles, texts, illustration, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, particularly regarding copyright, and belong to the FPAQ, to its affiliated entities, to its licensors or to the person recognized as having provided the content.

You undertake to respect all other copyright statements, notices or restrictions regarding or in the Content that you can access through the Website. The FPAQ grants you a non-exclusive and non-transferable licence for use and display of the Website on your computer, or other electronic device, solely for the purposes of viewing it on a single screen and for copying a single copy of it for backup or printing on paper, for personal and non-commercial use, under the conditions that you do not modify the content and that you retain any notices of copyright. Modification, reproduction, distribution, transmission, diffusion, representation, sharing on networks, marketing, publication, concession of licence, downloading, creation of derived works, display on Internet, sale or any use of the Website or the Content, including, through storing on a proxy server, framing or similar means, are prohibited.

All software integrated into the Website or found there, particularly but not limited to, any type of source code, and all files or images contained or generated by this software, are protected by copyright and may be protected by other rights. All of this software belongs to the FPAQ, to its affiliated entities or to its licensors.

No element in the Website shall be interpreted as conferring on you a right, a title, an interest or any other licence in the software integrated within the Website or that can be downloaded from the Website, including, specifically, any form of intellectual property right in the software.

Trademarks

FÉDÉRATION DES PRODUCTEURS ACÉRICOLES, LES PRODUITS DE L’ÉRABLE DU QUÉBEC, CRÉATIFS DE L’ÉRABLE, ICI ON SERT DU VRAI SIROP D’ÉRABLE, SIROPCOOL and NAPSI are trademarks or certification marks of the FPAQ. Other names, words, titles, phrases, logos, drawings, graphs, icons and marks displayed on the Website can constitute trademarks or certification by the FPAQ or third parties. No element contained in the Website shall be interpreted as conceding to anyone a licence or a right for use of any logo, picture or brand of the FPAQ or a third party.

Responsibility for minors

In the case that you authorized a minor to access the Website, you recognize that you are responsible: i) for their behaviour on line; ii) for control over their access and use of the Website; and iii) for the consequences of any improper use they make of the Website. We recommend reasonable supervision of the use of the Website by minors that you are legally responsible for.

Submission of material

Unless specific regulations or written procedures written by the FPAQ exist on this subject, outlining other methods, when you submit messages, data, texts, photographs, images, receipts and other materials to the FPAQ, you concede the FPAQ with an irrevocable, non-exclusive, permanent, free, unlimited, global licence for the: i) use, reproduction, storage, adaptation, translation, modification, creation of derivative items, transmission, distribution or provision for public access to what you submitted for any purpose; and ii) the concession of sub-licences to third parties to exercise any of the aforementioned rights.

Apart from the concession of the abovementioned licence, in accordance with these conditions of use, you: i) renounce all moral rights regarding your content, ii) consent that your name, address and email address appear for your content, where applicable, as well as the sharing or display of this information, iii) recognize and agree that the FPAQ shall not be held responsible for any loss, damage or corruption to your content; and, iv) recognize and agree that the elements that you supply for display on the Website or that you submit to the FPAQ shall be considered as non-confidential.

You declare and guarantee to the FPAQ  that i) your content is original; ii) your content does not violate any intellectual property rights, particularly including copyright; iii) you are the sole owner of all intellectual property rights, particularly including copyright for your content or, where applicable, you have obtained written permission from the owner to submit your content; iv) your content does not violate the privacy or image rights of a third party; v) your content is truthful, correct, up to date and complete, to your knowledge; and vi) your content is not illegal in any other way.

The FPAQ has no obligation to check content present on its Website or that is transmitted to it. The user recognizes, nevertheless, that the FPAQ may at any point check this content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Website or for any other reason, at its discretion. The FPAQ reserves the right to modify, refuse or delete any content present on its Website or that is transmitted to it if the FPAQ considers, at its sole discretion, that this content contravenes these conditions of use.

Integrity and accuracy of the information

The FPAQ shall endeavour to ensure that the information and Content available on the Website are complete, correct and up to date. This information and Content comes from sources that the FPAQ judges to be reliable, and are regularly updated. However, they may contain inaccuracies, omissions, spelling mistakes or other errors.

In consequence, the Website and all of its Content are made available for users “as is”, without any guarantee of any nature, be it explicit or implicit. Without limiting the general nature of the aforementioned, the FPAQ offers no guarantee in relation to the availability or stability of the Website Content, to the possibility to access it, to the absence of any virus, or to the precision, reliability, accuracy, integrity, exhaustive nature, performance or suitability for use for a given purpose of the information provided, including that which relates to partners of the FPAQ, to the legislation or regulation or availability of the services described. The user is requested to take note that the Website is regularly subject to technical maintenance, which may limit or impede access for a temporary or prolonged period.

Non-responsibility

The FPAQ, the host of the Website, their affiliated entities, and partners or licensors are in no way responsible for, directly or indirectly, including but not limited to, a loss of revenue, clientèle or data, due to the use or incapacity to use or have access to the Website or the Content and elements these may allow access to. This limitation is applied, contractually or extra-contractually, even if the FPAQ has been advised of the possibility of such damages.

Compensation

Upon its request, you undertake to compensate and plead the case for the FPAQ, its affiliated entities, subsidiaries or licensors as well as their employees, contractors, agents and directors, in the case that their liability be investigated, and cover claims and costs (including extra-judicial fees of legal advisers) resulting from your use or errors committed in the use of the Website. As far as possible, you accept to cooperate with the FPAQ for its defence in the context of any situation in which you should provide an indemnity.

Hyperlinks to third party sites

The Website may contain hyperlinks to third-party websites (the “Third-party Sites”) that will navigate you away from the Website. The FPAQ supplies these hyperlinks for your convenience. The Third-party Sites are not controlled by the FPAQ and the hyperlinks cannot be interpreted as an approval or endorsement of their content by the FPAQ. The FPAQ is not responsible for the content of Third-party Sites, for links they contain, or for changes made or updates to these sites and the FPAQ offers no guarantee regarding this subject.

Hyperlinks to the Website

The FPAQ accepts hyperlinks to the Website. However, it does not want to be linked with any third-party website: i) that contains content constituting a criminal or penal offence, would affect civil liability or would in any other way constitute a violation of any legislation or municipal, provincial, national or international regulation that could affect or harm the activities, credibility or integrity of the FPAQ or that contains or transmits any material or information that extends beyond the moral or legal standards of Canadian society; or ii) that contains, displays or transmits any information, software or other material  that violates or transgresses the rights of others, including material that is deemed to impede privacy rights or privacy protection rights, or that is protected by copyright, trademark or another property right. The FPAQ reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any moment. You agree to remove any hyperlink that you may have to the Website upon the request of the FPAQ.

Termination

The FPAQ reserves the right, at its sole discretion, to terminate your access to all or part of the Website, with or without prior notice, specifically in the case of a failure to respect these conditions of use.

Confidentiality

The Confidentiality Policy relating to FPAQ Websites, content of which is accessible on the Website, is considered to be an integral part of of these conditions of use.

© 2013 Fédération des producteurs acéricoles du Québec. All right reserved.

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© 2017 Fédération des producteurs acéricoles du Québec. All rights reserved.