Terms of Use

Definitions

The term “User” refers to any person who accesses the Website, views one or more components of the Website, uses one or more features of the Website, creates a CitySPK account or uses the Website in any way.
“Photo” refers to all Photographic materials viewed, sent, received, uploaded to or downloaded from the Website.
“Photos” can be further broken down as follows:

“Messages” refers to any and all Messages that a User sends, receives or views using the functionality of the Website. “Messages” may be further broken down as follows:

Purpose

The purpose of these Terms of use (the “Terms of Use”) is to set forth the terms and conditions governing use of the CitySPK Website, which can be accessed at the following URL: […] (refered to as the “Website” throughout this document).

The Terms of Use apply to all Users of the Website, including Users who send and/or receive Messages, Users who send and/or receive Photos and/or information, Users who create a CitySPK User account (as defined below) and Users who only view the content of the Website (“Users”).

Any use of the Website, including creating a CitySPK account (as defined below), sending and/or receiving Messages and posting Photographic content is subject to the provisions of these Terms of Use. These Terms of Use constitute a binding contract between the User and Turbulent Média inc. (collectively “TM”). It is therefore important to read them carefully.

TM designed, produced and operates the Website that Web surfers may use to modify their User profile, manage their account, send and/or receive Messages that may or may not contain Photos, letters, words, symbols, icons or generally any signs drawn from the urban landscape (the “Messages”) and to post Photos, along with textual content, which may or may not contain letters, words, symbols, icons or generally any signs drawn from the urban landscape (“Photos”). Sharing of Photos and Messages posted to the Webite may be limited to recipients chosen by the User who provides the Photos (“Private Photos”) or unrestricted (“Public Photos”). TM commits to distributing the Photos through the Website, subject to observance of the Restrictions on Use of the Website and to application of the principles of moderation (as defined below). In compliance with customary Internet practices, the User acknowledges that TM reserves the right to include or associate any advertising that it wishes in the Web pages through which the Photos and Messages are broadcast.

Users declare that they have been informed of the lack of reliability of the Internet network, including as regards security when transmitting data, the absence of a guarantee in regard to continuity of access to the Website, which is not guaranteed, and to performance, which is not guaranteed, in terms of speed and volume of data transmission.

Acceptance and Modification of the Terms of Use

Any use of the Website signifies acceptance of these Terms of Use. The User acknowledges and accepts that TM may consider his use of the Website as acceptance of the Terms of Use, beginning with the very first use.

TM reserves the right to modify these Terms of Use at any time. Each new version of these Terms of Use will be posted on line on the Website. The User is responsible for consulting these Terms of Use on a regular basis. The User acknowledges and accepts that by continuing to use the Website after any changes in the Terms of Use, he automatically implies that he has accepted the modifications to the Terms of Use. TM additionally reserves the right to upgrade the Website and the services offered thereon. Technical modifications may be made without prior notice by TM. TM also reserves the right to shut the Website down indefinitely, along with the services proposed thereon, without warning or compensation of any kind.

The CitySPK Account

To display a profile and post Photos on the Website, the User must create a CitySPK account. To do so, go to the “Sign Up” page. When a User creates a CitySPK account, he must provide complete and accurate information. It is important that CitySPK account holders take care to keep their password safe and confidential. By opening a CitySPK, the User acknowledges that he is solely responsible (with regard to TM or any other third party) for all activity carried out through his CitySPK account. If a User observes a breach of the security of the Website or an unauthorized use of his CitySPK account, he must notify TM of this breach immediately by clicking on “Help” in the Sympatico/MSN navigation bar.

When a User confirms his registration, that User is given an email account, a summary of his Photos and a storage space where he can keep his Photos and Messages on the CitySPK servers. TM reserves the right, for maintenance reasons, to temporarily suspend access to the Website or to the CitySPK account without prior notice, and that the User shall not be entitled to any compensation for this momentary inconvenience. The User is aware that the storage space allotted to him for hosting his Photos and Messages is unlimited, unless future modifications change this. The maximum size of a Photo posted on line is 12 MB. Nonetheless, TM reserves the right, for technical reasons, to modify the amount of storage space allotted to individual Users, subject to providing advance notice via email. The parties expressly agree that TM does not in any way provide a backup service for Users’ Photos or Messages hosted on their servers and cannot be held liable for the loss of these Photos or Messages. TM suggests that Users always keep a copy of their Photos and Messages on another device. Photos will be organized and accessible on the Website according to keyword, category (date, location, album) and according to User. The Website includes a search system by means of which the Photos and Messages may be retrieved.

TM recommends that to avoid spamming, Users do not use their email address as a User name or provide it in the Photos and Messages in particular by online merchants or unscrupulous Web surfers.

The User may close his account (public page) or may choose to delete his Photos at any time. To do so, the User may email the CitySPK administrative staff at any time by clicking “Contact.” The Photos or Messages that the User has made public by submitting them to the CitySPK database of Photos or Messages cannot be deleted. Private Messages sent to a third party have a lifespan of fourteen (14) days.

Terminating Use of the Website

Should a User fail to observe the Terms of Use, TM reserves the right to suspend access to the Website ipso facto and without prior notice. This may include disconnecting the User’s dedicated space containing his Photos and Messages from the Internet and deleting said Photos and Messages. Moreover, in case of notification by other Users that a User is using the Website in a way that might be harmful to third parties or that is contrary to public policy, to legal and regulatory provisions or to these Terms of Use, TM reserves the right to remove illicit content from the Website at any time, or indeed to close the User’s CitySPK account, without informing the User of this action, and such action by TM shall not entitle the User to any compensation.

In all cases, and without restricting the general scope of these Terms of Use, the User’s obligations as a result of the presents shall remain in force as long as the User continues to visit the Website, to post Photos and Messages on line, to use the services offered on the Website, including sending and receiving Messages, and/or as long as the User continues to hold a CitySPK account.

Notwithstanding the termination of use of the Website by a User, all rights, obligations and responsibilities that TM has enjoyed or to which the User is subjected, or that are intended to last indefinitely, will not be affected by said termination of use and shall continue to apply indefinitely.

Restrictions on Use of the Website

By the presents, TM authorizes Users to access and use the Website, subject to observance of the following conditions: the User is solely responsible towards TM and any other party, as applicable, for any failure to observe his obligations in virtue of the Terms of Use and the consequences of this failure, including financial loss or monetary damages suffered by TM and/or its affiliate companies. The failure by a User to observe any of the conditions set forth in this document constitutes a breach of the present Terms of Use and may lead, among other consequences, to closure of the User’s CitySPK account, as stipulated above in the section of this document entitled “Ending Use of the Website.” The User must not do any of the following (without restriction):

•  Post Photos or any other images of another person without that person’s consent.
•  Post Photos or send Messages containing or expressing offensive language or inciting racism, fanatacism, hate and/or physical violence by any group or individual.
•  Post Photos or send Messages containing language that evokes sexual harassment and/or is exploitative in a physically violent or sexual way.
•  Present or use false or misleading information or presenting illegal activities or behaviour that is insulting, threatening, obscene or slanderous.
•  Express opinions in a defamatory manner or in a way that is injurious to the reputation of another person.
•  Post information or statements that infringe on another person’s right to privacy.
•  Resell or distribute all or a portion of the Website on any other medium, known or as yet undiscovered, without the prior written consent of TM. This includes, in particular, the Photos and the Messages.
•  Modify or alter any part of the Website.
•  Access the Photos or any other content available on the Website using a resource or technology other than the viewing mode of the Website itself or the display links transmitted by the RSS lines.
•  Attempt to bypass, deactivate or disrupt in any other way any function of the Website connected to security or any function that (i) prevents or hinders use or copying of Photos, Messages or any other content of the Website, or (ii) imposes restrictions on use of the Website or the content that is accessible on the Website, which includes the Photos and Messages.
• Use or launch an automated system (including, for example, any bots, spiders or offline reader with access to the Website) sending more query Messages to the CitySPK servers during a given time lapse than a human being could reasonably produce in the same amount of time using a standard (unmodified) Web browser available to the public.
•  Collect, solicit or gather data of a personal nature on any other User of the Website (including the name or password of CitySPK account holders).
•  Access the Photos or send Messages for any reason other than for personal, non-commercial use, as provided for and authorized by the normal functionality of the Website.
•  Use the services of the Website for commercial purposes, including posting advertising or soliciting any other User without the prior written consent of TM.
•  Use any information obtained through the Website to harass, mislead or do harm to another person.
•  Do harm to the Website or to TM, its affiliate companies, partners, clientele or management.
•  Transmit undesirable junk email.
•  Disassemble or decompile software used on the Website.
•  Deteriorate, overload or damage the services of the Website.
•  Foster or encourage illegal activities or provide instructions for carrying out illegal activities.
•  Mask advertising banners on any page of the Website.
•  Steal the identity of another person.
•  Post Photos or send Messages with content that you are not legally authorized to have in your possession in your country of residence or that TM cannot legally use or own.
•  Post Photos or send Messages with a hyperlink to a Website with content that is in violation of the restrictions set forth above.

Responsibility in regard to minors. If you have authorized a minor to use the Website, you assume full responsibility for the following: (i) the minor’s conduct on line; (ii) the minor’s access to the Website, the services offered thereon, and the use of these services; (iii) the consequences of any misuse of the Website by the minor. You acknowledge that some display areas of the Website may include items that are not suitable for minors. If you are less than 18 years old, please obtain permission from your parents or guardians before using the Website and make sure your parents or guardians have made themselves aware of these terms of use.

CitySPK Moderation Principles

TM’s goal is for the Website to become a space of creation and dialogue. Users are expected to remain polite and respectful. Each User makes his contributions, without prejudice and with a respectful attitude towards the other Users.

The service to integrate Photos and Messages into the CitySPK database is accessible only to Users who have opened a CitySPK account. TM has chosen to moderate Photos and Messages to ensure that the purpose of the Website as well of freedom of expression are maintained. Photos and Messages will be published with a delay not to exceed 72 hours to allow time for moderation by CitySPK administrative staff and for conversion to the broadcast format chosen by CitySPK administrative staff. With the exception of the automated trimming function used during integration of Photos and Messages into the various sections of the Website, TM does not modify the Photos and Messages, nor do we apply any arbitrary selection to the Photos and Messages that is not founded solely on principles of observance of the law. The basis for moderation of the Photos and Messages remains common sense and observance of the law. While the principles of moderation favour Users’ freedom of expression, Users must act responsibly and ensure that elementary legal and regulatory provisions, including these Terms of Use, are observed. The User is hereby informed that CitySPK administrative staff may delete any Photo or Message that fails to observe pertinent legal and regulatory provisions, including the Terms of Use. TM shall not make any minimal or substantial modifications of Users’ Photos and Messages. Users who are surprised or offended by a Photo or Message may communicate directly with the moderator or write an email to the CitySPK administrative staff by clicking “Contact.”

The Photos

TM does not guarantee the confidentiality of Photos, whether these Photos are uploaded to CitySPK or sent.

If a User becomes aware of content or a Photo that infringes on his copyright or on the copyright of a third party, the User must inform CitySPK administrative staff of this infringement by clicking “Contact.”

The User retains all intellectual property rights on his Photos, but is obligated to grant limited rights to CitySPK and to other Users of the Website, as set forth in the section entitled “Assignment of Rights to Photos,” below.

The User declares and warrants that he controls (and will continue to control throughout the period during which the Photos are posted on line) all necessary rights, licences, consents and authorizations such that TM may use his Photos on the Website and for any other purpose addressed in these Terms of Use.

The User agrees not to post Photos for which another person holds the rights (including the right to privacy and image rights), unless he has obtained authorization from the legitimate owner or formal permission to post the materials in question and to grant to TM the rights addressed below.

By posting a Photo, the User acknowledges and agrees that he is solely responsible for his own Photos and for the consequences of their being posted or published. Although TM moderates published Photos, we do not endorse any Photo, opinion or recommendation expressed through any means in a Photo and expressly decline all liability in regard to these Photos or the distribution thereof.

TM does not acquire any property rights on the Photos. From the moment a User makes Photos available to other Users, he signifies his acceptance of the fact that these other Users are entitled, free of charge and for personal use only, to view these Photos on the Website or from the Website, on other electronic communications media (for instance, mobile telephones) as long as these Photos continue to be hosted on the Website. The User who makes Photos available to other Users also states that he agrees that these other Users are entitled, free of charge and for personal use only, to use these Photos according to the varied functionality offered by the Website, for instance, composing Messages that may or may not contain letters or words drawn from the urban landscape. If a User wants to use another User’s Photos for another purpose—a commercial purpose for instance—it is incumbent upon that User to first obtain the necessary authorizations from the User whose Photos he wishes to use. Moreover, as long as his Photos are hosted on the Website, and within the strict framework of the functionality through which the Website may be made accessible via the Internet or other electronic communication media, the User authorizes TM to reproduce and/or represent his Photos and, insofar as necessary, to adapt the format for this purpose. The User is informed, moreover, that considering the intrinsic characteristics of the Internet, transmitted data, such as the Photos, are not protected against the risk of hijacking or piracy, for which TM can in no way be held liable. It is incumbent upon each User, as needed, to take all appropriate measures to protect his Photos.

The User infringes upon the rights of a person if he publishes, distributes, copies, reproduces or presents to the public, in any way whatsoever, in whole or in part, a Photo belonging to another person without first having obtained that person’s authorization to do so. It is therefore prohibited to publish, distribute, copy, reproduce or present to the public any Photo or other work belonging to another person. If a User cites the works of another person, he is bound to provide the source and the name of each author.

TM reserves the right (but is not obligated) to decide whether Photos adhere to the requirements relating to content specified in these Terms of Use and to delete any Photo that might violate these Terms of Use and/or terminate the access rights of a User for having uploaded such a Photo, at any time, without prior notice, and at our own discretion in compliance with the CitySPK moderation principles described above.

The User also acknowledges that by the simple act of using the Website, he may be exposed to Photos, Messages or other content containing language or information that is inaccurate, offensive, indecent or otherwise reprehensible. The User agrees to waive, and hereby does waive all rights and recourse that he has or could have, in virtue of the law or fairness, towards TM in regard to Photos, Messages and other content.

Assignment of Rights to Photos

he User, in his capacity as the holder of intellectual property rights to the Photos, grants to TM and to all companies affiliated with TM, without financial compensation, throughout the period during which the rights are in effect, non-exclusive, assignable rights, including sub-licensing rights and the rights listed below:

•  Non-exclusive worldwide rights to use the Photos commercially as long as copyright is in force, as is now or will in the future be addressed by the law.
•  Rights to make technical modifications needed to exercise rights in other formats and technical procedures, in particular for purposes of digital conversion, prior to posting of the Photos on line.
•  Rights unlimited in number to reproduce all or a portion of the Photos, on any medium, known or unknown, now or in the future, with TM reserving the possibility of reproducing all or a portion of the Photos to adapt them for use in the context of other electronic communication or audiovisual services.
•  Rights to adapt all or a portion of the Photos, on any medium, known or unknown, now or in the future, to assemble them, integrate them in whole or in part into pre-existing or future works on any known or unknown medium, current or factual. The right to adapt is understood to include the right to translate or modify the Photos in whole or in part into any language, and the right to reproduce the resulting translations on any medium addressed in this item.
•  Rights to distribute all or a portion of the Photos on any medium and through any process or means of communication whatsoever, known or unknown at this time, and in particular through any telecommunications network, via Internet, or by any means of television broadcast, including over the airwaves, via cable or by satellite, in any format, directly or through the intervention of a third party. Without limiting the generality of the rights set forth in this section, at the time when any Photo is published on or by means of the services of the Website, the User hereby assigns to TM the right to use, modify, reproduce and publicly broadcast through any broadcast, telecommunication and Internet network of these Photos through the intervention or in collaboration with a TM partner, including during programs produced by TM or affiliated companies.
•  The right to assign to a third party, in whole or in part, temporarily or indefinitely, in any form whatsoever and in particular through assignment, license or any type of contract, in any form, all or a portion of the rights assigned by these Terms of Use.
•  The rights to use, reproduce, distribute and represent the Photos and to use them to create derivative works, including, without limitation, for the promotion and redistribution of all or a portion of the Website (and of the resulting derivative works), in any format and on any medium.

The Messages

TM does not guarantee the confidentiality of the Messages, whether these Messages are sent or kept on the Website.

The User waives all property rights to Messages that he might compose, send and/or publish. The User hereby authorizes TM or any User to use the Messages that he might compose by any means, in observance of the present Terms of Use, and waives the right to any indemnity or compensation. The User understands that the act of composing Messages that include Photos does not release any of the property rights on these Photos and agrees to observe these rights as set forth in these Terms of Use.

The User acknowledges and accepts that he is solely liable for his own Messages and for the consequences of their being posted or published. Although TM moderates published Messages, we do not endorse any Message, opinion or recommendation expressed through any means in a Message and expressly declines all liability in regard to these Photos or the distribution thereof.

The User understands and accepts that TM may establish General Practices and Restrictions in regard to sending and/or receiving Messages, including limiting how many days composed Messages may be kept on the Website, whether or not they are sent and/or received, how many Messages a User may send and/or receive, the maximum size of any Message that may be sent and/or received, and the maximum server space that the Website may provide to the User. The User accepts that TM cannot be held liable for deletion or malfunctioning of any Message sent, received or kept in his account. The User accepts that TM may terminate his account if it remains inactive for more than three months. TM reserves the right to change these General Practices and Restrictions at any time, in compliance with the rules set forth in this document.

CitySPK Content on the Website

With the exception of the Photos, all other content available on the Website, including, text, software, scripts, graphics, Photos, sounds, music, videos and interactive functions present on the Website (the “ CitySPK content“) is the property of TM or is assigned to TM under licence. This content is protected by copyright law, trademark law and all other intellectual property laws held by TM or its franchisors. All third party brand names present in CitySPK content are trademarks held by their respective owners.

CitySPK content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, assigned under licence or used in any other way towards any end whatsoever, without the prior written consent of TM. TM reserves all rights not expressly granted on CitySPK content.

Defamation, Hate Propaganda and Violations of Privacy and Image Rights

All individuals are entitled to respect for their reputation and privacy. It is therefore forbidden to use the name, image or resemblance of an individual without that individual’s authorization towards any end other than legitimately informing the public. It is also forbidden to allege or impute events likely to damage an individual’s reputation without first having checked the accuracy of the information.

Personal Information

This Website is governed by the Confidentiality Policy of CitySPK and TM, which is integrated through cross-referencing in the present Terms of Use.

Links from CitySPK or from the Photos or Messages

The Website, the Photos and the Messages may contain hyperlinks to other Websites that do not belong to TM or that are not monitored by TM. TM does not perform any monitoring of content, charters for protection of personal data or practices of third-party Websites and declines any and all responsibility for these things. TM is not responsible for the availability of these external resources and Websites and does not endorse advertising, products or other materials found on or accessible from these external resources or Websites. TM cannot be held liable for any losses or damages to which Users are subjected due to the availability of these external resources or Websites through the Website or due to the trust that Users place in the exhaustiveness, accuracy or existence of any advertising, product or other materials on or accessible from these resources or Websites.

Guarantees of Content of Photos and Messages by the User, Compensation


The User is solely responsible for the Photos and Messages; TM assumes no responsibility for these things in general, and specifically assumes no editorial responsibility. Consequently, the User indemnifies and holds TM harmless in regard to any legal action that might be brought against them, in particular in regard to the Messages, the Photos or presentation of the User’s Photos. The User commits to making it his personal business and to take up the cause of TM and/or their affiliate companies in regard to any claims and/or procedures of any form or kind made against TM and/or their affiliate companies that are directly or indirectly connected to the Photos and/or Messages on the Website. To this effect, the User commits in particular to paying directly to the claimant all amounts claimed of TM and/or their affiliate companies, and to intervene if necessary at all proceedings undertaken against TM and/or their affiliate companies and to indemnify and hold TM harmless in regard to all convictions rendered against them on this occasion.

Exclusion from Guarantees

The Website and the services offered thereon are provided “as is,” and TM does not extend or state any guarantee in this regard.

In particular TM does not declare nor guarantee the following:

•  that use of the Website and the services offered thereon will meet the needs of Users;
•  that use of the Website will be uninterrupted, timely, secure or free of errors;
•  that any information that the User may have obtained by using the Website or the services offered thereon will be accurate or reliable, and

Notwithstanding any guarantees expressly set forth in the present Terms of Use, no conditions, either guarantee or other measure (including any implicit guarantee of satisfactory quality, suitability to a particular purpose or conformance to the description) apply to the Website, Photos, Messages, CitySPK content, or the services offered on the Website.

Limitation of TM’s Responsibility

It is expressly agreed that TM is under no obligation, save an obligation of means for execution of the present Terms of Use, including moderation of Photos and Messages published on the Website. It is incumbent upon the User, who acknowledges this, to use the Website and the services offered thereon at his own risk and to make all appropriate verifications, in particular prior to publication of his Photos and Messages, for which the user is solely responsible. TM cannot be held liable for the content of Photos or Messages, nor for labels selected by Users. TM cannot be declared liable for any sort of difficulty in broadcasting the Photos or Messages, or, more broadly, for any disturbances of the Internet network affecting use of the Website or the services offered thereon, in particular the viewing of Photos and Messages and the sending and receiving of Messages. The User expressly acknowledges that TM, by bringing to the User’s attention the information provided in the present Terms of Use of the Website, has met all obligations to advise and inform in regard to the characteristics of the Website and the functionality provided. TM does not in any case assume responsibility for indirect damages and will not be bound to make good for indirect damages such as injury to financial interests, market injury, loss of clientele or shares, any sort of commercial inconvenience, rises in costs and other general expenses, loss of benefits, loss of brand image, loss of Photos, Messages or data and, in particular, any files that might arise as a result of difficulties related to the transmission, reception and broadcast of Users’ Photos or Messages. Any action brought against a User by a third party shall be construed as an indirect damage and shall therefore not entitle the User to any compensation. The User is solely responsible for the personal information he provides in order to access and use the Service.

Without limiting the generality of the preceding paragraph, TM and their affiliate companies will bear no liability towards the User for any loss or damage to which the User might be subjected due to any of the following:

•  the confidence placed in the exhaustiveness, accuracy or existence of any advertising or arising as a result of any transaction between the User and any one of the advertisers or sponsors whose advertising appears on the Website;
•  any change that TM might make to the Website or any temporary or permanent deletion of the Website;
•  the deletion, corruption or failure in regard to stored Photos, Messages or other communication data kept or transmitted through the agency of use of the Website;
•  the User’s failure to provide TM or CitySPK administrative staff with precise information pertaining to his CitySPK account;
•  the User’s inability to keep his password or CitySPK account information secure and confidential.

The limitations on TM’s liability towards Users detailed in the above paragraphs shall apply, whether or not TM has been notified of the possibility that such losses might arise and whether or not TM should have been aware of the likelihood of these losses.

TM cannot be held liable if a User is unable to use the Website or the services offered thereon, and this, without regard to the reason for this inability.

Assignment

The present General Conditions cannot be assigned by the User to a third party, in whole or in part, for consideration or without payment. TM may assign to any artificial person of their choosing all or a portion of the rights and obligations set forth in the present General Conditions, without prior notice to the User.

General Conditions

The present Terms of Use constitute the entire agreement between the User and TM as pertains to use of the Website and the services offered thereon.

The User accepts that TM or CitySPK administrative staff may communicate with him by email.

If TM does not exercise or invoke any right or redress addressed in the present Terms of Use (or to which TM is entitled in virtue of any applicable law), this does not constitute a formal waiver by TM of their rights, and these rights and redresses shall remain in force and applicable for TM.

Each affiliate company of TM is considered to be a third-party beneficiary of the Terms of Use. These other firms are authorized to directly invoke and act on the basis of the provisions of these Terms of Use, of which they are the beneficiaries.

The Website is monitored, operated and administered from our offices located in the province of Quebec. We make no statement or warrantee that the materials found on this Website are suitable or available, for the purposes of using the Website, in locations outside of Canada. If you are accessing this Website from outside of Canada, you are responsible for observing and adhering to all local legislation.

The present Terms of Use shall be interpreted and governed according to laws in force in the province of Quebec, without taking into account its rules in regard to conflicting laws, except in cases of prohibition in virtue of mandatory provisions of applicable laws in your country. The parties agree that any action, suit or procedure that arises from the present Terms of Use or that is connected to the same shall be brought in the Montreal judicial district or, if no jurisdiction exists, in the province of Quebec. Each party agrees, in virtue of the presents, to submit to the jurisdiction of the courts of Quebec and to waive any objection founded on the location of such an action, suit or procedure. If for any reason, a jurisdictional court determines that one of the measures in the present Terms of Use or any part of same is illegal, null or inapplicable, this measure shall be executed to the fullest allowable extent in such a way as to give effect to the present Terms of Use, and the remainder of these Terms of Use shall remain in force. The present Terms of Use constitute the entire agreement between the User and TM in regard to use of the Website and the services offered thereon. This contract will not be modified, save by written agreement accepted and signed by both parties.

French and English shall be the languages of this Site and all transactions occurring in connection with this Site. The parties waive any right to use and rely upon any other language, or translations.

Use of the masculine includes the feminine, and the singular includes the plural. The sole purpose of this choice is to enhance readability of the text.