Terms of use
Registration and Eligibility.
To use certain aspects of this site such as the registration for the interactive map of the Quebec Marine Association (the " QMA "), on the iNautique application and on the maps of the QMA (the " Services "), you need to register, declare and guarantee that the provided information is accurate and complete and you commit to maintain your registration information up to date. Non-compliance to this will constitute an infraction to these Terms of Use and may result in the termination of your account.
You shall not :
- create any account for anyone other than yourself without such person's permission;
- use a business Name or other information that is subject to any rights of a person other than you without appropriate authorization; or
- use terms that are offensive, vulgar or obscene or otherwise unlawful.
You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user's account without such other user's prior express permission. You will immediately notify support@appcom.ca in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You declare that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Services. the Services are not available to individuals who are younger than 13 years old. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you. The right to access the Services is revoked where these Terms of Use or use of the Services are prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You acknowledge that all Content accessed by you using the Services are at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, any account information and any business information.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any User Submission, that :
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the QMA in its sole discretion;
- constitutes unauthorized or unsolicited advertising;
- involves commercial activities (whether or not for profit) and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the QMA or any third party;
- impersonates any person or entity;
- includes anyone's identification documents or sensitive financial information.
You shall not (directly or indirectly) :
- take any action that imposes or may impose (as determined by the QMA in its sole discretion) an unreasonable or disproportionately large load on this site's or its third party providers' infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass any measures the QMA may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
- harvest or scrape any Content from the Services;
- modify, adapt, appropriate, reproducre, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site Content (other than your User Submissions);
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation, the application), except to the limited extent applicable laws specifically prohibit such restriction;
- otherwise take any action in violation of the QMA's guidelines and policies.
Save to the extent required by law, the QMA has no special relationship with or fiduciary duty to you. You acknowledge that the QMA has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
ALL LIABILITY OF THE QMA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
AXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE QMA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT THE QMA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
The QMA reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services or via email. The QMA may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Effective date : June 16th, 2014