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| RULES |
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| WEBSITE TERMS OF USE |
Last Updated on October 7, 2011
1. Use of this Website
This website is owned and operated by Yocom Inc. (“Yocom”) [dans les faits, il appert que le nom de domaine markerzone.com appartient à Marc Ouimet, à titre personnel]. Your use of this website is subject to the following Terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing this website, you accept these Terms without limitation or qualification. By accessing a section of this website that requires the use of a password or access code, you represent and warrant that you have legitimately obtained the password or access code from Yocom. If you do not agree with these Terms, whether in whole or in part, do not use this website. You are responsible for ensuring that your access to this website and the material available on or through it, are legal in each jurisdiction in or through which you access or view the site or such material.
2. Exclusion of Warranties
Yocom makes no representation or warranty regarding the functionality, good working order or condition of this website, the information, applications, products, and services contained on this website, its suitability for use, its use in an uninterrupted or error-free manner or the security of any data communicated via this website. ALL MATERIAL, PRODUCTS, SERVICES, AND INFORMATION ON THIS WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOCOM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non permitted exclusions may not apply to you.
3. Limitation of Liability
Yocom and its affiliates, as well as their respective shareholders, directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with this website, its content, or the use thereof or access thereto. More precisely, but without limitation whatsoever and notwithstanding anything to the contrary, Yocom and its affiliates, as well as their respective shareholders, directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:
a. Telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures, including such failures and problems affecting the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and Yocom or preventing, in whole or in part, the transmission of such information, material, messages or instructions;
b. your inability, at any time, to access any part of the website or its content, or the products and services offered on this website;
c. the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;
d. the lack of reliability, prompt access or availability of this website or any part of its content and the products and services offered on this website; and
e. the failure of Yocom to take corrective measures.
Your sole and exclusive remedy is to discontinue accessing and using this website. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, such part does not apply.
The exclusions and limitations mentioned above shall apply regardless of whether the claims, losses, costs, or damages are founded on a contractual or extra-contractual basis or on any other theory of liability, and these exclusions and limitations shall apply even if Yocom is advised of the possibility of such claims, losses, costs or damages.
Given that certain jurisdictions prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages, the liability of Yocom in those jurisdictions is limited to the extent allowed by law.
4. Indemnification
You agree and undertake to take up the interest, indemnify and hold harmless Yocom and its affiliates, including their respective shareholders, directors, officers and employees, from all liability, claims, suits originating from a third party, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to respect the present Terms or from any other act or omission on your part through your use of this website, your access to this website or its access by anyone using your computer system with your permission and on your behalf.
5. Password or Personal Access Code
Access to some sections of this website requires a password or personal access code. By accessing these sections, you represent and warrant that you have legitimately obtained the password or personal access code from Yocom. If you have been given a password or personal access code, you agree to: (a) keep it confidential, (b) not to disclose it to anyone, (c) not to allow third parties to use it, (d) inform Yocom of the lost or non-authorized use of such password or personal access code and (e) be solely responsible for all activities that occur under the use of such password or personal access code.
6. Intellectual Property
This website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Yocom and are protected under the copyright laws of Canada and other countries. None of the content found on this website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written authorization of Yocom.
Markerzone, markerzone.com, Marqueur, marqueur.com, and all other Yocom related trade-marks and design marks displayed on this website, are registered and are common law trade-marks of Yocom. The trade-marks and logos of the different leagues and sport teams are owned by their owners. Nothing contained on this website should be construed as granting, by implication or otherwise, any license or right to use any trade-marks, except with the express written authorization of Yocom or such other party that may own the applicable trade-marks.
7. Information Transmitted
You acknowledge that any unprotected email communication via the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material that you provide electronically to Yocom by accessing or using this website, does not infringe the rights of any other person or entity, that Yocom may use that information or material, in whole or in part by any means whatsoever, including reproduction, retransmission or publication of the said information or material, or ideas, concepts or other information contained therewith, for the commercial purposes of Yocom.
8. Prohibited Conduct
Users of this website agree not to:
a) restrict or inhibit any other user from using this website;
b) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law;
c) knowingly or otherwise, introduce in or through this website any errors, defects, viruses or other harmful components, which may be harmful to Yocom or website users;
d) exploit in any way any website information, software or content for commercial purposes;
e) post on or transmit through the website material constituting solicitations for sales or purchases, advertising, promotional or marketing material.
By transmitting information to Yocom, you automatically grant (or warrant that the owner of such material expressly grants) to Yocom a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, exploit, broadcast, transmit, communicate, create compilations and derivative works from such submitted materials for the purposes of its commercial activities. In addition, you warrant that all "moral rights" in such materials have been waived.
9. Monitoring
Yocom may monitor the access to this website and other activities in relation thereto. Yocom may intervene to ensure the respect of these Terms, but makes no representation and gives no warranty as to the said monitoring. By using and accessing this website, you consent to the said monitoring should Yocom proceed therewith and to any eventual intervention.
10. Links
Links and references to other websites are provided to you as a convenience only. Yocom has not reviewed and does not expressly or implicitly endorse other websites or their content, or the accessibility thereof via such links, and does not assume any responsibility for any such other websites, information or material, products or services posted or offered thereon. You may not create links from other websites to pages of this website other than to the main page, except if expressly permitted to do so by Yocom. (To obtain permission, contact our Website Administrator at info@markerzone.com).
11. Accuracy of Information
While Yocom may update the information or material on this website from time to time, Yocom does not represent or warrant that information or material on this website is up-to-date, accurate, error-free or complete.
12. Viruses, etc.
Yocom does not represent or warrant that the information or material, including any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.
13. Reserve of Rights
All rights not expressly granted in these Terms are reserved to Yocom or its licensors. Nothing contained in these Terms shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any copyright, patent, trade-mark or other intellectual right of Yocom or of any other person or entity.
14. Personal Information Protection
You have read the Yocom Privacy Policy, the terms of which appear on this website and are incorporated into these Terms, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Yocom and/or third parties in accordance with the terms of, and for the purposes set forth in the Yocom Privacy Policy.
15. Governing Law
These terms and their performance shall be governed by the laws of the Province of Quebec, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Montreal, in the Province of Quebec, Canada, in all disputes arising out of or relating to the use of this website and these Terms.
16. Severability
If any provision of these Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality, invalidity or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction nor shall it affect the legality, validity or enforceability of any other provision of these Terms and conditions in any jurisdiction.
17. Changes to Terms
Yocom may modify, alter or otherwise update the terms applicable to this website from time to time without notice and you agree to be bound by such terms as are in effect at the time you access this website.
18. Cookies
You consent to the use of “cookies” (small text files transferred to your browser by a website) by Yocom. These cookies keep a record of your preferences, making your subsequent visits to this website more efficient and allowing Yocom to provide improved service by personalizing website content that you and other users will have access to. Most browsers are designed to accept cookies, but their settings can be easily modified so that cookies are refused (see your browser’s help files for details).
19. No Waiver
Yocom’s failure to insist upon or enforce strict performance of any right or provision of these Terms shall not constitute or be construed as a waiver of any right or provision.
20. Termination
You acknowledge and agree that Yocom, in its sole and absolute discretion, may, without notice to you, suspend, cancel or terminate your use of, or access to, this website or any of its services, and remove and discard any information or content related to this website or any of its services (and your use thereof), for any reason, including where Yocom believes that you have violated any of these Terms. You further agree that Yocom 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 this website or any of its services or with any of these Terms, or with any conditions, rules, policies, guidelines, or practices of Yocom or any of the services available on this website, your sole and exclusive remedy is to discontinue using this website or its services.
21. Assignment
This agreement is personal to you, and you may not assign your rights or obligations to anyone.
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