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Terms of use

Last Updated on November 19th 2018

 

The present document sets forth the terms of use for the Vetdiet Web site and any other internet site by Groupe Vetdiet International inc. (collectively and individually the ‘‘Web site’’).

 

All users of the Web site are deemed to have read, accepted and understood the conditions outlined below, and consequently agree to respect and be bound by said conditions. If a user of the website does not accept the terms of use, said user must immediately cease to use the Web site.

 

Groupe Vetdiet International inc. (« Vetdiet ») may, at any moment and without notice, modify the terms of use. The users of the Web site are asked to verify the terms of use regularly for modifications. Users are deemed to have accepted the modifications to the terms of use if they continue to use the Web site after the modifications have been published.

 

Vetdiet will notify users of material changes to the present terms of use by posting a notice on its home page for a reasonable period of time and changing the “Last Updated” date above.

 

The present terms of use constitute the entirety of the rights and obligations between Vetdiet and any user of the Web site, and replace any previous condition or provision regarding the use of the Web site. No verbal or written declaration from an employee or manager of Vetdiet, or any other person, can have the effect of modifying or substituting the present terms of use.

 

Jurisdiction and governing law

The Web site is managed and fed by a computer located in the province of Quebec, Canada. The content and use of the Web site is governed by the laws in force in the province of Quebec and in Canada. The present terms of use, as well as any conflict or dispute resulting from their application, must be interpreted according to these laws. In the event that any part of the present terms of use contradict a law, void or unenforceable, this part is deemed severable from the present terms of use and will not affect the validity and executory character of the terms of use, which will thus be interpreted without reference to the severed part. Any dispute arising from or related to the use of the Web site or to the present terms of sale will be submitted to the exclusive jurisdiction of the courts of the province of Quebec or a federal Canadian court, in the judicial district of Montreal, regardless of the potential application of conflict of law principles.

 

Copyright

 

All items, text, illustrations, images, photographs, information, audio clips, video clips, programs and codes available on the Web site (the ‘‘Content’’), including their arrangement and compilation, are protected by Canadian and foreign laws, notably copyright, and belong to Vetdiet, its affiliated entities, to its licensors or to the person recognized as the supplier of the content.

The user agrees to respect the entirety of other proprietary notices, information or restrictions regarding or within the Content to which the user may gain access via the website. Vetdiet confers upon the user a non-exclusive and non-transferrable licence to use and advertise the Web site on the user’s computer or on another electronic device solely for the purpose of representation on a single-user screen and reproduction, in a single specimen, for backup copy or pulling on paper, as long as the user does not modify the Content and conserves the copyright notices. The modification, reproduction, copying, distribution, transmission, dissemination, representation, sharing, commercialization, advertising, licencing, downloading, creation of derived works, displaying online, sale or any exploitation of the Web site or Content, including, notably, by way of conservation in a cache server, cropping or other similar method, are prohibited. Furthermore, you are prohibited from modifying in any way any document printed from the Web site.

All programs incorporated in or found on the Web site, including, notably, any source code, and the entirety of files or images contained or generated by these programs, are protected by copyright and may be protected by other laws. All of these programs belong to Vetdiet, its affiliated entities and its licensors.

Nothing contained on the Web site shall be construed as granting the user a right, title, an interest or other licence in the programs incorporated on the Web site or downloadable from the Web site, including, notably, any right regarding intellectual property in the programs. 

 

Trademarks

 

Vetdiet is a protected trademark. Other names, words, advertising slogans, titles, phrases, logos, designs, graphics, images, icons and brands displayed on the Web site may constitute trademarks of Vetdiet or of a third party. Nothing contained on the Web site shall be construed so as to confer to any party a licence or usage rights for any logo, design, or brand belonging to Vetdiet or to a third party.

 

Submissions 

 

Subject to the terms of Vetdiet’s Privacy Policy, which takes precedence when the user submits messages, data, texts, photographs, images and other material to Vetdiet, the user confers to Vetdiet a worldwide, non-exclusive, irrevocable, perpetual and royalty-free licence to i) use, reproduce, store, adapt, translate, modify, create derived works from, transmit, distribute or render available to the public this content for any purpose; and ii) to concede a sub-licence to a third party to exercise to infinity any of the aforementioned rights.

Beyond the aforementioned concession of licence, and according to the terms of Vetdiet’s Privacy Policy which take precedence, the user hereby: i) waives any moral right to the content; ii) allows his or her name and address to appear for the content, where necessary, as well as when disseminating or posting this information; iii) recognizes and agrees that Vetdiet cannot be deemed responsible for any loss, damage or corruption of the user’s content; and iv) recognizes and agrees that any presentation he or she makes for the purposes of appearing on the Web site or he or she submits to Vetdiet will be considered non-confidential.

The user declares and guarantees to Vetdiet that: i) his or her content is original; ii) his or her content does not violate any law regarding intellectual property, including, notably, copyright; iii) he or she is the only owner of all intellectual property rights, including, notably, copyright, regarding his or her content, or, when necessary, he or she has obtained written permission from the owner to submit his or her content; iv) his or her content does not violate any of the third party’s privacy or publicity laws; v) his or her content is truthful, exact, up-to-date and complete to the best of his or her knowledge; vi) his or her content is not illegal; vii) his or her content does not contain defamatory or insulting remarks.

Vetdiet is under no obligation to verify the content appearing or being exchanged on its Web site. The user nonetheless recognizes that Vetdiet may at any time verify said contents notably to comply with laws, regulations, decrees or requests from authorities, to ensure the proper functioning of its Web site or for any other reason. Vetdiet reserves the right to modify, refuse or delete any content appearing or being exchanged on its website if Vetdiet considers, at its own discretion, that the content violates the present terms of use, or of any law, regulation, decree or request from authorities.

 

Integrity and accuracy of the information and access to the Web site

 

Vetdiet seeks to ensure that the information and Content available on its Web site is complete, exact and up-to-date. This information and the Content comes from sources deemed faithful by Vetdiet, and is regularly updated. It may nonetheless contain inaccuracies, omissions, or typographical and other errors. All images and texts indicated on the Web site are based on the most recent information at the time of being placed on the Web site.

As a result, the Web site and the integrity of its Content are presented to users ‘‘as-is’’, without any kind of guarantee, explicit or implicit.

Without limiting the generality of the foregoing, Vetdiet provides no guarantee regarding the availability or stability of the Web site Content, regarding accessing it, the absence of viruses or the precision, reliability, accuracy, integrity, comprehensiveness, the rendering or the adaptation to a particular user, of the information being offered, including that relating to Vetdiet partners, or to the availability of the products and services described. The user is asked to note that the Web site is the subject of regular technical maintenance operations, which may limit or hinder access on a temporary or prolonged basis.

The Web site is accessible by way of internet and in standard internet format. Vetdiet reserves the right to modify these formats at any time and it is incumbent upon the user to obtain internet access at his or her own cost, as well as any programs required to access the Web site. Vetdiet reserves the right to correct any error or change to the Content without prior notice. Vetdiet has full discretion, above and beyond all others rights and recourses at its disposal, without liability, to, in any way, at any time and without prior notice, interrupt or restrict access to any element of its Web site.

 

Disclaimer

 

Use of the Web site is at the risk of the user. Vetdiet, the host of the Web site, and its affiliated entities, partners or licensors are under no circumstances responsible for direct or indirect damages, including but not limited to, loss of revenue, clients or data, due to the use or the incapacity to use or access the Web site or the Content or to the elements to which these provide access. This limitation applies, contractually or non-contractually, even if Vetdiet had been advised of such damage.

 

Compensation

 

Upon request, the user agrees to compensate and save harmless Vetdiet, its affiliated entities, partners, affiliates or licence contractors as well as their employees, contractors, agents or managers, in the event they are held liable, as well as for any claims and fees (including extrajudicial honorary fees for legal advisors) arising from the use or errors in the use of the Web site. Where possible, the user accepts to cooperate with Vetdiet in its defense in any matter in which the user must provide compensation.

 

Hyperlinks to Third Party Sites

 

The Web site may contain hyperlinks leading to Third Party Sites (‘‘Third Party Sites”) which will force the user to leave the Web site. Vetdiet provides these hyperlinks for convenience purposes. Third Party Sites are not under the control of Vetdiet and hyperlinks cannot be interpreted as an approval or endorsement of their content by Vetdiet. Vetdiet is not responsible for the content of Third Party Sites, the links they contain or changes or updates made to them, and Vetdiet provides no guarantee in their regard.

 

Hyperlinks to the Web site

 

Vetdiet accepts hyperlinks to the Web site. Nonetheless, it does not wish to be linked to any third party site: i) that contains Content constituting or encouraging behaviour that will constitute a criminal or penal infraction, will lead to civil liability or will otherwise violate any municipal, provincial, national or international legislation or regulation, will be susceptible to harm the activities, credibility or integrity of Vetdiet and which contains, displays or transfers any material or information which oversteps the ethical or legal standards of Canadian society; or ii) which contains, displays or transfers any information, program or other material which violates or infringes the rights of others, including of the material which constitutes harm to the private life or privacy protection rights, or which is protected by copyright, trademark or other property right. Vetdiet reserves the right to prohibit or refuse to accept a link to the Web site, at its own discretion, at any time. The user agrees to remove any link he or she may have leading to the Web site, upon Vetdiet’s request.

 

Cancellation

Vetdiet reserves the right, at its sole discretion, to terminate access, in full or in part, to its Web site, with or without prior notice, notably in the case of a failure to respect the present terms of use.

 

Confidentiality

 

Vetdiet’s Privacy Policy, the content of which is accessible on the Web site, is considered to be an integral part of the present terms of use.

 

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