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These website terms and conditions of use for https://lanicheetmoi.com/ constitute a legal agreement between you and La Niche et Moi ("Company," "we," "us," or "our"). The following terms and conditions, together with any documents and/or additional terms expressly incorporated by reference (collectively, these "Terms and Conditions"), govern your access to and use of all content, functionality, and services offered on or through https://lanicheetmoi.com/ (the "Website").
BY USING THE WEBSITE, OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND HERE, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
We reserve the right to revise and update these terms and conditions from time to time. Each such modification is effective immediately upon being posted and applied to the Website. You agree to review the terms and conditions regularly to check for any modifications. By continuing to use our Website, you accept these changes from the outset.
The information and material on this Website, and the Website, may be changed, removed, or deleted at any time, at our sole discretion and without notice. We will not be liable if, for any reason, the Website becomes inaccessible to visitors or unavailable for a given duration or period.
The security of your personal information is paramount to us. We implement physical, electronic, and administrative measures to protect your personal information against accidental loss and unauthorized access, use, alteration, and disclosure.
Protecting and securing your information is also your responsibility. Users access the Website themselves. Therefore, they must ensure that all individuals who access the Website through a user's internet connection know and comply with the terms and conditions. The Website, including its content or sections, may require user registration. To use the Website, all information you provide on the Website must be truthful, current, and complete.
Unfortunately, transmitting information over the internet is not entirely secure. Although we do our best to protect your personal information, we cannot guarantee the security of information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for any circumvention of the privacy or security measures present on the Website.
The information you provide to the Website through any feature such as an application, chat room, email, bulletin board, personal submission, or web group pages, profiles, forums, or bulletin boards (collectively, "Interactive Features"), constitutes your consent to all uses we may make of such information within the limits of our Privacy Policy, available here.
Any username, password, or other information you choose, or that has been provided to you as part of our security procedures, will be treated confidentially, meaning you cannot disclose it to anyone or leave any trace of it anywhere. You must exercise caution when accessing your account from a public or shared computer to prevent another user from stealing your password or seeing your personal information. You understand and agree that when we provide you with an account, it is personal. You agree not to share it with anyone or give access to the site to anyone using your personal information such as username and password. You also agree to contact us immediately if you notice unauthorized access or unauthorized use of your username, password, or any security breach. Finally, you agree to log out of your account at the end of each session. You are responsible for any misuse of passwords or unauthorized access.
We reserve the right at any time and from time to time to disable or delete your account, username, password, or other identifier, chosen by you or provided by us, at our discretion, with or without reason, including, but not limited to, non-compliance with any clause of these Terms and Conditions.
You are prohibited from circumventing or violating the security of this Website, including, but not limited to: (a) accessing content and data that is not yours; (b) security breaches and/or attempts at identification by unauthorized means; (c) restricting, interrupting, or disabling service to users, hosts, servers, or networks; (d) illicit reproduction of the TCP/IP protocol; (e) interrupting network services or any means of preventing the Website owner from controlling it; (f) using robots, spiders, or other devices, procedures, or means to access the Website for any reason, including monitoring or copying any material from the Website; (g) introducing any virus, Trojan horse, worm, algorithm, or other malicious or technologically harmful material; (h) attacking the Website by denial of service, by distributed denial-of-service attack, flooding, email bombing, or cyber-attack; and (i) any other manner of interfering with the proper functioning of the Website.
You understand and agree that this Website and all its content and functionalities, including, but not limited to, information, software, text, displays, graphics, photos, videos, audio, design, presentation, navigation, and ergonomics, are the property of the Company, its licensors, or other providers of this material and are protected in all forms by intellectual property laws including, but not limited to, copyright, trademark, patent, trade secret, and other proprietary rights.
The Company name, La Niche et Moi, the Company logo, and all names, logos, products and services, designs, images, and slogans associated therewith are trademarks of the Company, or its affiliates or licensors. You are prohibited from using them without the prior written permission of the Company. All other names, logos, products and services, designs, images, and slogans mentioned, or that are used on the Website, are the trademarks of their respective owners. The use of these properties, unless clearly authorized, will constitute an infringement or violation of the owner's proprietary rights, may violate federal laws or other jurisdictions, and may lead to legal action.
You must use the Website for personal use only, and not for commercial use. You are prohibited from reproducing, compiling for a database, distributing, modifying, creating derivative products, publicly displaying or presenting, republishing, downloading, storing, or transmitting, directly or indirectly, any material from the Website, regardless of the form or media used, unless:
Users are prohibited from modifying copies of material from the Website, or from deleting or altering any copyright, trademark, or other proprietary notices from copies of documents from the Website. You must not access or use parts, services, or material from the Website for commercial purposes.
If you print, copy, or download any material from the Website without complying with these Terms and Conditions, your right to use the Website will be immediately revoked, and you must, according to our terms, return or destroy all copies of the documents you have made. You hold no right, title, or interest in the Website or its content, and rights not expressly permitted by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a violation of these Terms and Conditions and may infringe or violate copyrights, trademarks, and other intellectual property or proprietary laws.
Your access and use are conditional on your acceptance of lawful and respectful use of the Website and full compliance with these Terms and Conditions.
The following content standards apply to all content, documents, and information that the user submits, posts, publishes, displays, or transmits (collectively, "submission") on the Website, to other users or persons (collectively, "User Contributions") and any Interactive Feature. All User Contributions must comply with applicable federal, provincial, local, and international laws, regulations, and terms of use.
Without limiting the foregoing conditions, you represent and warrant that your use of the Website and any User Contribution shall not:
The Website may contain Interactive Features that allow User Contributions on or through the Website.
No User Contribution you make on the Website will be subject to confidentiality on the part of the Company. By providing these Contributions to the Website, you grant us and our affiliates and service providers, as well as each of their respective licensees, successors, and assigns, the right to use, reproduce, modify, exercise, display, distribute, and disclose to third parties this material and these documents broadly, free of charge, perpetually, irrevocably, and non-exclusively, for any reason whatsoever and/or, as stipulated in your account settings, to incorporate this material in any form, media, or technology throughout the world without compensation to you. You hereby assign all moral rights or copyright as a condition for submitting any User Contribution.
In doing so, you represent and warrant that you own and have the necessary rights to submit the User Contributions and that you can grant us their rights, as well as to our affiliates and service providers, and to each of their respective licensees, successors, and assigns to the User Contributions, and that you comply with the Terms and Conditions. You warrant that all User Contributions comply with applicable laws and regulations and the standards governing User Contributions and Site Content detailed in these Terms and Conditions.
You understand and agree that you alone are fully and legally responsible for the content and truthfulness of the User Contributions you make, and not the Company or the Company's parents, subsidiaries, and affiliates, nor their respective directors, managers, employees, agents, service providers, contractors, licensees, providers, or successors. We are not responsible or legally liable to any third party for the content and truthfulness of any User Contribution submitted to the Website by you or another user.
The Company has the right, without prior notice:
YOU WAIVE AND RELEASE THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AS WELL AS THEIR RESPECTIVE DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, ASSIGNS, PROVIDERS, OR SUCCESSORS FROM ALL LIABILITY REGARDING ANY CLAIM ARISING FROM AN ACTION TAKEN BY THE COMPANY AND THE ABOVE-MENTIONED PARTIES CONCERNING ANY INVESTIGATION CONDUCTED BY THE COMPANY, ITS PARTIES, OR LAW ENFORCEMENT.
We have no obligation or responsibility to any party to monitor the Website or its use, and we do not undertake any review of material that you or other users submit to the Website. We cannot ensure the prompt removal of inappropriate material after it is posted, and we have no legal responsibility for actions or inactions affecting transmissions, communications, or content provided by any user or third party, in accordance with the law.
The content on our Website is provided for general information purposes only. It is not intended to constitute advice or an opinion on which you should rely. You must obtain more distinct or professional advice before deciding whether or not to act based on the content of our site.
While we make every effort to update the information on our Website, we do not represent or warrant, expressly or otherwise, that the content on our Website is accurate, complete, or up-to-date. Use of the Website is at your own risk, and neither the Company nor its parents, subsidiaries, and affiliates, nor their respective directors, managers, employees, agents, service providers, contractors, licensees, providers, or successors are responsible or can be held liable for your use of the Website.
This Website may offer content provided by THIRD PARTIES, including other users or licensees. Any claims and/or opinions expressed in the content of these THIRD PARTIES, other than content provided by the Company, are the opinion and responsibility of the person or entity making them. This content in no way reflects the opinion of the Company. Neither the Company nor its parents, subsidiaries and affiliates, nor their respective directors, managers, employees, agents, service providers, contractors, licensees, suppliers or successors are responsible and cannot be held liable by you, or a third party, for the content or accuracy of material posted by any third party.
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of all user information submitted in accordance with our Privacy Policy, available here, which we deem necessary for the use of the Website and the provision of services.
By using this Website, you consent to cookies, which allow the server to recall previous searches, registrations, and/or IP addresses to analyze website usage trends. You can configure your browser to notify you before you receive a cookie, so you can accept or decline it. You can also refuse cookies by configuring your browser. By doing so, certain sections of the Website may not function properly.
This Website may provide links or pointers to THIRD-PARTY sites to facilitate your navigation. However, we do not guarantee the content of other websites that may be accessible through ours. If you choose to access them, you do so at your own risk. We have no control over their content and accept no responsibility for these sites or for any loss or damage arising from their use. You must comply with the terms and conditions of these THIRD-PARTY sites.
These links to THIRD-PARTY sites available on our Website may include links to social networking features that allow you to link or transmit, by yourself or using certain THIRD-PARTY websites, certain content from our Website. You should therefore only use these features when provided by us and only in connection with the identified content.
You may share a link to our homepage, in a fair and legal manner and without causing harm to our reputation. You must not share a link that suggests any form of association, approval, or endorsement from us when none exists. Our Website must not be used on any other website, nor should you create a link that leads to any page other than the homepage. We reserve the right to revoke permission to use links without notice. The website on which you share a link must comply with the Terms of Use, as well as the standards of User Contributions and site content. You agree to cooperate with us to immediately cease any unauthorized use or linking.
Additional terms and conditions may apply to sections or features of this Website and are therefore incorporated herein by reference into these Terms and Conditions.
We provide this Website to users located in Canada only. This Website is not intended for use in other jurisdictions or where its use is not permitted. If you access it outside of Canada, you do so at your own risk and are responsible for complying with the local laws of your jurisdiction.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ALL SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENTS, SUBSIDIARIES AND AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, PROVIDERS OR SUCCESSORS MAKE ANY WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS AS TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENTS, SUBSIDIARIES AND AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, PROVIDERS OR SUCCESSORS MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE WEBSITE, ITS CONTENT AND ANY SERVICE OR ITEM FOUND OR OBTAINED THROUGH THE WEBSITE WILL BE TRUTHFUL, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER HOSTING IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE THAT FILES OR DATA AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR ON THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND FOR YOUR COMPUTER, THE INTERNET AND THE SECURITY OF YOUR DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK OR DISTRIBUTION, OVERLOAD, FLOODING, MAIL BOMBING, CYBERATTACK, VIRUS, TROJAN HORSE, WORM, ALGORITHM, OR OTHER MALICIOUS OR TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICE OR ITEM FOUND OR OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, NEITHER THE COMPANY NOR ITS PARENTS, SUBSIDIARIES AND AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, PROVIDERS OR SUCCESSORS SHALL UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFIT, BUSINESS LOSS OR ANTICIPATED SAVINGS, LOSS OF ENJOYMENT, LOSS OF GOODWILL OR DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR CONFIDENTIALITY, OR OTHERWISE, EVEN IF THE PARTY HAD APPARENTLY BEEN ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR YOUR RELIANCE ON THE WEBSITE, OF THE WEBSITE, ANY LINKED WEBSITE OR OTHER THIRD-PARTY SITES, OR ANY CONTENT OF THE WEBSITE, MATERIAL, POSTING, OR INFORMATION CONCERNING IT EVEN IF THE PARTY HAD APPARENTLY BEEN ADVISED OR HAD REASONS TO KNOW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries and affiliates, their respective directors, managers, employees, agents, service providers, contractors, licensees, suppliers or successors and assigns against all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or related to your failure to comply with these Terms and Conditions or your use of this Website, including, without limitation, your User Contributions, third-party websites, the use of any content on the Website, services and products not expressly authorized in these Terms and Conditions.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions shall operate or be construed as a waiver. No single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
The Terms and Conditions and our Privacy Policy constitute the sole agreement between you and La Niche et Moi regarding the Website and supersede all previous and recent agreements, understandings, representations, and warranties, oral or written, regarding this subject matter.
This Website is operated by La Niche et Moi - 392 Montée Paiement, Gatineau, QC J8P 6H6
All copyright infringement notices must be sent to info@laniche.ca as set forth herein.
If you witness problems on the Website, including libelous and defamatory conduct, you must report them to the Company at info@laniche.ca.
All other feedback, comments, requests for technical support and other communications related to the Website must be sent to info@laniche.ca.
DATE: November 10, 2021