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Terms of use

Version 1.0 effective March 21, 2023

 

Welcome to the website umencia.com which is operated by Umencia Art Photo Inc. (the “Website”). In these terms of use (the “Terms of Use”), the terms “we”, “us” and “our” refer to Umencia Art Photo Inc. We offer you the Website, including all information, tools, and services available to you, the user, subject to your acceptance of the Terms of Use.

The Terms of Use are a legal document and set out your rights and obligations when using the Website. Therefore, before using the Website, please read the Terms of Use carefully.

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE, IN WHOLE OR IN PART, WITH THE TERMS OF USE AND DO NOT WISH TO ACCEPT THEM, PLEASE DO NOT USE THE WEBSITE.

BY AGREEING TO THE TERMS OF USE, YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR COUNTRY, STATE OR PROVINCE OF RESIDENCE, AND THAT YOU HAVE GIVEN US YOUR CONSENT (AND HAVE THE CAPACITY TO GIVE US SUCH CONSENT) TO ALLOW ANY MINOR IN YOUR CARE TO USE THE WEBSITE.

  1. AMENDMENTS TO THE TERMS OF USE

We reserve the right to update, change or replace any part of the Terms of Use at our sole discretion. We will notify you of any changes to the Terms of Use by displaying a pop-up window on the home page of the Website inviting you to view the new version of the Terms of Use. Any changes will be effective thirty (30) days after the date of publication of the new version of the Terms of Use. Your continued use of or access to the Website after such thirty (30) day period shall constitute your acceptance of such changes. If you do not agree, in whole or in part, with the changes, please discontinue your use of the Website no later than the end of the thirty (30) day period.

  1. INTELLECTUAL PROPERTY

The Website contains data, photographs, logos, images, texts, audio and video contents, trademarks and any other element protectable by intellectual property rights (the “Materials”). The Materials are either the property of Umencia Art Photo Inc. or of a third party who has authorized Umencia Art Photo Inc. to use them. You acknowledge that the Materials are the property of their respective owners and that you may not copy, reproduce, transfer to another medium, modify, upload, reformat, publish, transmit or otherwise exploit any of the Materials in whole or in part or create derivative works from the Materials without the express permission of the respective owners.

  1. PROHIBITED USES

Any illegal or unauthorized use of the Website, including its Materials, is a violation of the Terms of Use. In addition to the other prohibitions set forth in the Terms of Use, unlawful or unauthorized use of the Website, including the Materials, includes, but is not limited to, any use:

  1. for unlawful purposes;
  2. to incite third parties to carry out or take part in illegal acts;
  3. to infringe or violate our intellectual property rights or those of third parties;
  4. to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  5. to submit false or misleading information;
  6. to upload or transmit viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the Website;
  7. to collect or track the personal information of others;
  8. to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource);
  9. for obscene or immoral purposes;
  10. to undermine or bypass the security measures of the Website.
  1. THIRD-PARTY LINKS

The Website may contain links to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these websites, and we do not warrant or assume any responsibility for any content, website, product, service or other item accessible on or from such third-party sites. We are not responsible for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions conducted in connection with such third-party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding these third-party websites and related products and services should be submitted to these same third parties.

  1. SUBMISSION OF UNSOLICITED CONTENT

Through the Website, you may submit, publish or otherwise make available to us messages, comments, photos, suggestions, creative ideas or other content on a voluntary basis, without being asked to do so by us (collectively, the “Unsolicited Content”). By submitting, posting or otherwise making Unsolicited Content available to us, you represent and warrant that:

  1. the Unsolicited Content does not violate the Terms of Use or any applicable laws or regulations, and does not cause harm to any person;
  2. you own all rights in the Unsolicited Content for the purpose of, among other things, complying with the Terms of Use and granting us the rights in the Unsolicited Content as provided in the Terms of Use;
  3. the Unsolicited Content does not violate any intellectual property, privacy, publicity rights or other rights of any third party;
  4. the Unsolicited Content is not profane, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening or otherwise offensive or harmful;
  5. the Unsolicited Content does not contain software viruses or other undesirable elements.

We may, but are not legally required to, review, monitor, edit, refuse, restrict or remove any Unsolicited Content.

You hereby grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sub-licensable license allowing us to use, reproduce, modify, adapt, disclose, publish, distribute, translate, create derivative works from, perform and display the Unsolicited Content, in whole or in part.

You grant us the right to use your name, image, likeness, in association with your Unsolicited Content, without restriction and without compensation or remuneration whatsoever.

In light of the above, we ask that you do not send us any content for which you do not wish to grant us the above license and permissions.

  1. DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE (INCLUDING ITS CONTENT), EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE OR CORRECT, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, THAT THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS ON THE WEBSITE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADING OR OBTAINING OF ANY CONTENT.

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL UMENCIA ART PHOTO INC., ITS LICENSEES, AS WELL AS ANY THIRD PARTY WITH WHOM UMENCIA ART PHOTO INC. ASSOCIATES ITSELF FROM TIME TO TIME OR TO WHOM UMENCIA ART PHOTO INC. GRANTS A SUBLICENSE IN ACCORDANCE WITH THE TERMS OF USE, AS WELL AS THEIR RESPECTIVE OFFICERS, EMPLOYEES, PARTNERS, CONSULTANTS, AGENTS, SUPPLIERS AND REPRESENTATIVES, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE RELIABILITY OF THE DATA, THE RESULTS OF ITS USE AND UNSOLICITED CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF UMENCIA ART PHOTO INC. AS WELL AS ANY THIRD PARTY WITH WHOM UMENCIA ART PHOTO INC. ASSOCIATES ITSELF FROM TIME TO TIME OR TO WHOM UMENCIA ART PHOTO INC. GRANTS A SUBLICENSE IN ACCORDANCE WITH THE TERMS OF USE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN SOME CASES, APPLICABLE LAWS MAY NOT PERMIT THE ABOVE LIMITATION OF LIABILITY, IN WHICH CASE THIS LIMITATION OF LIABILITY WILL APPLY ONLY TO THE FULL EXTENT PERMITTED BY LAW.

  1. PERSONAL INFORMATION

Your privacy and the protection of your personal information is important to us. We are committed to respecting your privacy and treating the personal information you provide when you interact with us or the Website in accordance with our privacy policy located at www.umencia.com/privacy policy.

  1. TERMINATION

We reserve the right to terminate the Terms of Use at our sole discretion and without notice if we decide to cease operation of the Website or if you violate the Terms of Use.

You may terminate the Terms of Use at any time by discontinuing use of the Website.

The sections of the Terms of Use that are intended to survive termination shall survive termination. These sections include sections 2 through 8, and 10 and any other sections necessary to interpret these sections.

  1. MISCELLANEOUS PROVISIONS

Indemnification. You agree to indemnify and hold harmless Umencia Art Photo Inc., its licensees, and any third party with whom Umencia Art Photo Inc. associates itself from time to time or to whom Umencia Art Photo Inc. grants a sublicense in accordance with the Terms of Use, as well as their respective officers, employees, partners, consultants, agents, suppliers and representatives, from and against any and all liability that they may incur and that may arise, directly or indirectly, in whole or in part, from any breach of the Terms of Use as well as from your Unsolicited Content.

Indivisibility. If any provision of the Terms of Use is found to be illegal or invalid in any jurisdiction, such illegality or invalidity shall not affect the legality or validity of the remaining provisions of the Terms of Use in that jurisdiction and the entire Terms of Use shall remain valid and enforceable in any other jurisdiction.

Waiver. No failure or delay by us to exercise any right under the Terms of Use shall be deemed a waiver of such right and shall not prevent the subsequent exercise of such right. No waiver of any default will constitute a waiver of any subsequent default.

Gender. In the Terms of Use, the neutral masculine gender is used without discrimination for the sole purpose of lightening the text.

Governing law and jurisdiction. The Terms of Use are subject to the provincial and federal laws applicable in the Province of Quebec and shall be interpreted, enforced and applied in accordance with such laws. You agree that the courts of the judicial district of Montreal shall have exclusive jurisdiction over any dispute arising from the Terms of Use.

Contact us. If you have any questions or requests regarding the Terms of Use, you may contact us at the address below:

Umencia Art Photo Inc.

Address:         418 chemin des Frênes, local 101
Saint-Jean-sur-Richelieu, Québec
Canada, J2Y 1J1

Phone:                        514-400-7424

Email:             info@umencia.com