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Terms and Conditions of the B Factory Website
Welcome to the B Factory (the "Website") operated by B Factory (hereinafter “B Factory”). The Website products and services (collectively, the "Services") are offered by B Factory through the Website at the URLs (http://www.bfactory.ca) and pages linked thereto which display the B Factory navigation bar and which include a footer link to the B Factory Website Terms and Conditions. By accessing the Website or using any of the Services, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service, as all of the same may be modified by B Factory from time to time (collectively the "Terms and Conditions"). Please note that the Terms and Conditions may be updated from time to time without notice to you, so please check back periodically. The Terms and Conditions contain legal obligations, please read them carefully.
2. Privacy and Cookies
3. Registration, Personal Identification Numbers and Passwords
Certain of the Services and related features, such as access to the Website, personalization, web hosting is made available over the Website and may require registration. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to update such information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are assigned as a result of any registration over the Website, and (b) all activities that occur under such personal identification number or password. Further, you agree to notify B Factory of any unauthorized use of your personal identification number or password. B Factory shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.
4. Rules and Conduct
In consideration of the availability, and your use, of the Website and the its Services, you agree, while visiting the Website, not to: (a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet; (b) defame, abuse, stalk, harass or threaten any other person or violate the legal rights of any other person, including without limitation, rights relating to privacy and publicity; (c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; (e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright or any other intellectual property right, without obtaining permission of the copyright owner or rights holder; (f) impersonate or falsely represent your association with any person; and (g) use, reproduce, sell, resell or otherwise exploit the Website or any of the Services for any commercial purposes.
5. Responsibility for Minors
In cases where you have authorized a minor to use the Website or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website and any such Services; and (iii) the consequences of any misuse of the Website and any such Services by the minor. You acknowledge that some of the areas of the Website may contain material that is inappropriate for minors.
7. Dealings with Third Parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including B Factory Sponsors, Suppliers, merchants or advertisers, found on, or through, the Website or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. B Factory assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases from or other transactions with such third parties. Further, you are responsible for ensuring compliance with all applicable laws in connection with all such dealings and transactions. You agree that B Factory shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
8. Downloads and Shareware
The Website allows you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that B Factory shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.
9. Disclaimer Regarding Third Party Content
The Website may offer access to numerous third party web and/or Website pages and content available over the Internet. In such instances, including, but not limited to, third party content contained on or accessible through the Website and web/Website pages or sites displayed as search results or contained within a directory of links on the Website, B Factory generally exercises no control over such third party content, Websites, web pages, or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You further agree that B Factory shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.
10. Disclaimer regarding Search Content
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any Website search services are protected by copyright and/or other intellectual property laws. B Factory does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Website, all of the Multimedia Content contained on such sites is owned and served by entities other than B Factory. If you intend to make use of any Multimedia Content accessed through the Website search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content. The Website provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content.
11. Information Disclaimer
The Website may make available certain information provided by third parties related to various professions and other third parties. (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Website does not replace consultation with a qualified medical, legal financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that B Factory shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
12. User Generated Content
In respect of any and all content which you elect to post on the Website which is accessible by the general public, you grant B Factory a world-wide, royalty-free, nonexclusive, perpetual and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting B Factory . Such license shall apply with respect to any form, media, or technology now known or later developed. With respect to any and all content you elect to post or transmit using the Services, you agree that B Factory may preserve and disclose any content associated with your where required to do so by law or where such preservation or disclosure is reasonably believed by B Factory to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of B Factory or any other person.
14. Service Modifications
You acknowledge and agree that B Factory may at any time and from time to time modify or discontinue the Website or any of the Services with or without notice to you, and that B Factory will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
You acknowledge and agree that if, B Factory believes that you have violated any of the Terms and Conditions, B Factory, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any of the Services, and remove and discard any information or content that you posted to or transmitted using the Website or related to such Service. You further agree that B Factory shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of B Factory in operating the Website and its Services, your sole and exclusive remedy is to discontinue using the Website and its Services.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE WEBSITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT B FACTORY MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) B Factory SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF ITS SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR ITS SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL B Factory, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER B Factory HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF ITS SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold B Factory, its affiliates, Sponsors, merchants and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Conditions, or (b) use of the Website or any of its Services, or (c) placement, posting or transmission of any message, information, software or other content on the Website or through any of its Services.
19. No License; Intellectual Property of B Factory and Others
Except as expressly provided, nothing herein or within the Website or any of its Services shall be construed as conferring any license under any of the intellectual property rights of B Factory or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of B Factory, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Website or the Services. Further, you agree not to modify, alter, or deface any of the trademarks or other intellectual property made available through the Website nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Website.
B Factory and/or the B Factory logo and related trade-marks are trademarks of B Factory. All other product, brand and company names and logos used on the Website are the trademarks or registered trademarks of their respective owners. Any use of any of the trade-marks appearing on the Website without the express written consent of B Factory or the owner of the mark, as appropriate, is strictly prohibited.
21. Copyright Notices
All information and content contained on, or made available over, the Website are copyrighted and made available to B Factory. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.
The Website originates in Canada. The Terms and Conditions constitute the entire agreement between B Factory and you pertaining to your use of the Website and its Services and supercede any prior agreements between you and B Factory. Failure of B Factory to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.