Last updated: September 24, 2019
These terms and conditions govern your access and use of libellum.ca. Our web application is offered subject to your acceptance, without modification, of all terms and conditions contained herein. You agree that we may automatically upgrade our web application, and the agreement will apply to any upgrade. Please read the agreement carefully before accessing or using our web application. By accessing or using part of our web application, you agree to become bound by the contract. If you do not agree to all the terms of the agreement, you can not access or use our web application.
Throughout these Terms, "you" applies to individuals and entities who access or use our web application. If you use services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our web application, you agree to the agreement on behalf of that entity.
When using our web application requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible for any activity taking place under your username. You are responsible for updating your account information and the security of your password.
You are responsible for the security of your account and any website, courriel or other content related to the Service, and you are fully responsible for all activities that take place under your account and any other action taken in connection with our web application. . You must not share or misuse your access credentials. You must notify us immediately of any unauthorized use of your account, or any other breach of security. We will not be liable for any acts or omissions on your part, including damages of any kind resulting from such acts or omissions.
General representation and guarantee
You represent and warrant that your use of our web application:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding the online conduct and acceptable content, confidentiality, data protection and transmission of technical data exported from Canada or the country in which you reside);
- Will not use the app for illegal purposes, to post illegal content or as part of illegal activities;
- Will not violate or divert the intellectual property rights of others;
- Do not overload Libellum.ca systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt or attack any service or network; and
- Will not be used to create, distribute, or activate any material that is - or that facilitates or works in conjunction with - malware, spyware, adware, or any other program or malicious code.
The Agreement does not convey any intellectual property to you, and all rights, title and interest in such property will remain (between the parties) solely with Libellum.ca. Libellum.ca, the Libellum.ca logo, and all other trademarks, service marks, graphics and logos used in connection with Libellum.ca or our web application, are trademarks or registered trademarks of their licensors. Other trademarks, service marks, graphics and logos used in connection with our web application may be trademarks of others. Your use of our web application does not grant you any right or license to reproduce or use in any way trademarks of Libellum.ca or third parties.
Third party services
NWe reserve the right, in our sole discretion, to modify or replace these terms at any time. If a revision is important, we will try to provide at least 30 days' notice (with change) before new conditions come into effect. What constitutes a material change will be determined in our sole discretion. If you do not agree with our changes, you must stop using our web application within the notice period or as soon as the changes take effect. Your continued use of our web application will be subject to the new terms. However, any dispute that arises prior to the amendments is governed by the Conditions (including the binding individual arbitration clause) in effect at the time the dispute arose.
NWe may terminate your access to all or part of our web application at any time, with or without cause, with or without notice, from now on. We have the right (although not the obligation) to, in our sole discretion, (i) refuse or delete any content that we reasonably believe violates a Libellum.ca policy or is in no way prejudicial or objectionable, (ii) ask you to make any adjustments, restrict the resources used by your account or terminate your account, if we believe that your use is highly abusive, or (iii) terminate or deny access and use of our application to an individual or entity for any reason. We will have no obligation to repay amounts already paid. If you wish to terminate the contract or your Libellum.ca account, you may simply stop using our web application or, if you use a paid service, you may cancel at any time, subject to the Fees, Payment and Renewal section. under these conditions. All provisions of the Agreement which, by their nature, should survive termination shall survive termination, including, without limitation, the provisions relating to ownership, waivers, indemnification and limitations of responsibility.
Exclusion de garanties
Our application is provided "as is". Libellum.ca disclaims all warranties of any kind, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. Libellum.ca does not warrant that our web application will be error-free or that access to them will be continuous or uninterrupted. You understand that you download, or otherwise obtain, content or services through our web application, at your own discretion and at your own risk.
Limitation of liability
Libellum.ca, can under no circumstances be held responsible for contracts, negligence, strict liability or any other legal or equitable theory regarding the contract: (i) any special, incidental or indirect damage; (ii) the cost of purchases of substitute products or services; (iii) in case of interruption of use, loss or corruption of data; or (iv) for any amount over CAD 50 or fees that you paid to Libellum.ca under the Agreement in the twelve (12) month period preceding the cause of action, the greater amount being retained. Libellum.ca is not responsible for any failure or delay related to matters beyond their control. The foregoing does not apply to the extent prohibited by applicable law.