BEFORE USING THE WEBSITE OF THE OLD PORT OF MONTRÉAL CORPORATION, MANAGER OF THE QUAYS OF THE OLD PORT AND OF THE MONTRÉAL SCIENCE CENTRE (THE “WEBSITES”), YOU MUST CAREFULLY READ THE FOLLOWING CONDITIONS OF USE. YOUR USE OF THE WEBSITES CONSTITUTES ACCEPTANCE OF THE FOLLOWING CONDITIONS OF USE:
1. Acceptance of the Conditions of Use
1.1 By visiting any of the Websites, you agree to respect the Conditions of Use defined below, which apply to all users (hereinafter referred to as the “User” of the Websites of the Old Port of Montréal Corporation (hereinafter referred to as the “Corporation”). If you do not agree to these Conditions of Use, please do not use the Websites.
1.2 The User agrees to carefully read the Conditions of Use and accepts the obligations and responsibilities incumbent on the User.
2. Changes to the Conditions of Use
3. Prohibited activities
3.1 The Websites may be used only for legal purposes. The transmission, distribution and/or storage of illegal material are strictly prohibited.
3.2 Subject to these Conditions of Use, the Corporation authorizes the User to access and use the Websites. Any use of the Websites by the User in violation of this article is a contravention of these Conditions of Use.
3.3 The User may not use the Websites under any circumstances for the following and other prohibited purposes:
3.3.1 Corporation property. Copying, reproducing, distributing and/or disseminating, in whole or in part, the content of the Websites, including the content provided by other Users published on the Websites, without the prior approval of the Corporation.
3.3.2 Integrity of the Websites. Modifying or altering, in whole or in part, the Websites and their contents.
3.3.3 Commercial use. Using the Websites for commercial purposes.
3.3.4 Spam. Transmitting, distributing or publishing any unsolicited messages to other Website Users.
3.3.5 Personal information. Gathering personal information on other Website Users, or transmitting and/or disseminating such information.
3.3.6 Criminal activities. Using the Websites for any unlawful activity, such as but without being limited to harassing any other Website User, individual or group, using any other person’s identity or downloading or uploading, reproducing, disseminating or providing access to information, software or any other material of an obscene nature, containing juvenile pornography or of a nature likely to promote hatred or incite violence.
3.3.7 Privacy and intellectual property. Transmitting, distributing, reproducing, disseminating or providing access to information, software or any other material of a confidential nature, protected by copyright or under the Industrial Design Act or the Trademarks Act or that are industrial secrets, without the express consent of authorized persons.
3.3.8 Privacy and defamation. Transmitting, distributing or providing access to information that could invade any individual’s privacy or that is of a defamatory nature.
3.3.9 Illicit intrusion and security. Doing anything that could violate the integrity of the Websites or attempting to circumvent, deactivate or disrupt any function of the Websites related to security or preventing or restricting access.
3.4 The User acknowledges that he or she is solely responsible for his or her use of the Websites. The User may be held liable for any damage suffered by the Corporation owing to any violation of these Conditions of Use.
5. Copyright and ownership of images
5.1 The Corporation considers the respect of copyright and ownership of images very important, and asks that its Users respect them as well.
5.2 Content published by Users on the Websites:
5.2.1 Some sections of the Websites allow Users to publish images, audiovisual material and/or text (hereinafter referred to as “Content”).
5.2.2 The User declares that he or she has all the necessary intellectual property rights, consent and authorization, including those relating to ownership of images, over the Content he or she intends to disseminate over the Websites.
5.2.3 The User declares that disseminating the Content will not harm third parties in any way.
5.2.4 The User declares that the Content he or she plans to disseminate over the Websites does not include any defamatory, hateful, illegal or inappropriate material or invade another person’s privacy.
5.2.5 By transmitting the Content to the Websites, the User automatically grants the Corporation a non-exclusive licence for its use. This non-remunerated, non-exclusive licence is transferable and permanent. In particular, it includes all rights to reproduce, use, exploit, disseminate and distribute the Content on all markets and all existing and future media, including interactive transmission over the Internet or otherwise.
The User also waives any moral rights he or she may have over the Content with respect to the Corporation.
5.3 The Corporation reserves the right, at its discretion, to not disseminate any Content or to remove it from its Websites.
5.4 The Corporation is not responsible for possible violations of intellectual property or ownership of images as a result of disseminating the Content provided by its Users. Moreover, the Corporation is not responsible for violations of the rights of third parties as a result of disseminating any Content provided by its Users that may be defamatory or invade another person’s privacy.
6. Violation of copyright or ownership of images and defamatory content or content that may invade another person’s privacy
6.1 Any individual who feels that he or she has been harmed by Content in that it violates his or her copyright or ownership of images, is defamatory, invades his or her privacy or is inappropriate may contact the Corporation by clicking on this link. [insérer un lien hypertexte]. Following the receipt of such notification, the Corporation may, at its discretion, remove the Content in question.
7. Requests for information and complaints
7.1 For any request for information on the Conditions of Use, on any other Corporate policy or to make a complaint, the User may contact the Corporation at any time.
8. Exclusion clauses
8.1 You agree that you use the Websites at your own risk. The Corporation shall not be held responsible under any circumstances for direct or indirect, intangible, moral or other damages of any kind, including without being limited to those caused by the negligence of the Corporation or of an affiliate, licence-holder, service supplier, vendor or other Website user.
8.2 You acknowledge and agree that in using the Websites you will be exposed to user content (hereinafter referred to as “User Content”) from a variety of sources and that the Corporation is not responsible for the accuracy, usefulness, security or intellectual property rights of or related to such User Content. You also understand and acknowledge that you may be exposed to inaccurate, offensive, indecent or unpleasant User Content and you agree to waive and do hereby waive all rights and recourse you have or may have against the Corporation with respect to this exposure, and agree to hold the Corporation, its affiliates, successors, assigns, agents, officers, directors, employees, representatives, partners, service suppliers and licence holders harmless to the full extent allowed by law.
8.3 Although the Websites are intended for a broad audience, they may contain Content unsuitable for visitors under age 13 or that is not deemed appropriate by Users, despite the Corporation’s efforts to avoid such Content.
The Corporation provides its Users with a link to contact it. Kindly inform us of any Content you consider inappropriate. The Corporation will then take the necessary steps to assess the Content identified and may, at its discretion, remove the Content if it considers the Content offensive or inappropriate for visitors under age 13.
The Corporation believes that parents should supervise their children in their online activities and consider using commercially available parental control tools (computer hardware, software or filtering services) to help them limit access to potentially harmful content. These tools can also prevent children from giving out their names, addresses and other personal information online without parental permission. If you would like to know more about such tools, you can find further information on the www.cybersitter.com and www.netnanny.com sites and similar sites that provide related information. (N.B.: These links are provided for information only. The Corporation is not affiliated with any of these organizations and the foregoing is not to be considered an endorsement of these organizations, their services or policies.)
8.4 The Websites may contain links leading to other Websites (hereinafter referred to as “Other Websites”). The Corporation makes no claims and assumes no responsibility with respect to the content, privacy protection policies or potential use of these Other Websites, which are independent and over which the Corporation has no control. It is up to the User to take the necessary precautions to ensure that these sites are suitable to the User and are free of viruses or malware of any kind.
9. General provisions
9.1 The Conditions of Use and any document to which they refer constitute the complete agreement between the Corporation and the User in this regard and supersede any previous written or oral agreement or declaration in this regard.
9.2 Failure by the Corporation to insist on the strict execution of any provision of these Conditions of Use or its failure to enforce any provision shall not be considered a waiver of its right to have it executed or of any other right.
9.3 If any term or provision of these Conditions of Use is declared invalid or is limited, this shall not affect the remaining Conditions of Use and all the remaining terms and provisions shall remain valid and shall be applied as provided by law.
9.4 The relationship between the User and the Corporation shall be governed and interpreted in accordance with the laws of the Province of Quebec and the judicial district shall be the district of Montréal.