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Jean Michel

Terms of Use

 

This website is operated and belongs to BY JEAN MICHEL.

1.TERMS & CONDITIONS

(a) Please read this License Agreement carefully before using or accessing the contents of this website. By accessing or using this website you agree to be bound by this License Agreement. If you do not intend to be bound by these terms and conditions, you may not access or use this website.

(b) BY JEAN MICHEL reserves the right, in its sole discretion, to change, modify, add or remove any or all of the terms and conditions of this License Agreement at any time without any further notice to you. You agree to review this website and License Agreement periodically and your continued use of this website shall be deemed to be your acceptance of these changes, modifications, additions or removals. This provision shall survive this Agreement.

2. USE

(a) Upon your agreeing with the terms and conditions of this License Agreement, BY JEAN MICHEL grants you a limited, revocable, non-royalty, non-exclusive and non-transferable license to access this website for your own personal use. All content you provide including any email address, user and other information, comments, data, postings, messages, text, files, pictures, images, sounds, video, or other material (“User Content”) shall be your sole responsibility and you shall be responsible for any and all User Content, in whole or part. BY JEAN MICHEL shall not be responsible for any User Content. You agree that by using this website you may be exposed to other User Content that may be offensive, derogatory, inaccurate, misleading or otherwise objectionable and that this website may contain links to other third party websites which are not owned or controlled by BY JEAN MICHEL and BY JEAN MICHEL makes no representations or warranties as to the completeness, accuracy or authenticity of any content, data, or information on such third party website. Any access to any third party website through this website or at all is at your own risk. BY JEAN MICHEL does not make any representations or warranties of any kind as to the User Content on this website and use or reliance of the same by you is at your own risk and BY JEAN MICHEL shall not be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content displayed, listed, posted, emailed, or otherwise distributed or made available through this website. You acknowledge that BY JEAN MICHEL may, but not be obligated to, pre-screen or approve any User Content, but that BY JEAN MICHEL shall have the right (but not the obligation) in its sole discretion to remove, refuse, delete or move any User Content on this website either for breaching the literal or spirit of this License Agreement or for any other reason whatsoever as deemed appropriate by BY JEAN MICHEL in its sole discretion without remedy or compensation to you.

(b) Under this License Agreement you shall not in any way use, copy, reproduce, modify, download, upload, transfer, redistribute, broadcast, display, post, print, access, view, decompile or reverse engineer any of the contents or User Content of this website except as expressly provided for by this License Agreement. This provision shall survive this Agreement;

(c) This License Agreement is a limited, revocable, non-royalty, non-exclusive and non-transferable license; it does not result in any transfer of title or ownership of any interest in any property. This provision shall survive this Agreement;

(d) By posting, listing, displaying, publishing or otherwise including any User Content on this website (“Posting User Content”) you are granting BY JEAN MICHELa non-exclusive, worldwide, perpetual, irrevocable, non-royalty license and right to use, display, publish, manipulate, and broadcast such User Content and to exercise any copyright or other intellectual property rights of that User Content and by Posting User Content you represent and warrant to BY JEAN MICHELthat you have the right to grant to BY JEAN MICHELthe foregoing license. This provision shall survive this Agreement; and

(e) You shall not use this website or access to this website or post, email, upload, publish, broadcast, or otherwise make available on this website any information, data, file, program, code, text, picture, video, content, link, or User Content that is:

  1. illegal, offensive, pornographic, harmful, abusive, hateful, degrading, defamatory, or libellous;
  2. an infringement of any third party’s property rights;
  3. a breach of any third party’s privacy;
  4. violating any law of Canada;
  5. impersonating any person or entity;
  6. falsely or otherwise misrepresenting any affiliation or relationship with any third party or entity;
  7. disclosing any personal or contact information of any third party without their express consent;
  8. inaccurate, false, misleading, deceitful, deceptive or fraudulent;
  9. containing any marketing, advertising, or solicitation information (unless expressly permitted in writing by BY JEAN MICHEL) or that is considered spam, junk mail, or unsolicited advertisements;
  10. advertising or howsoever promoting any illegal products, services or actions as prohibited by Canadian law;
  11. containing any virus, worm, file, code or program that is malicious, destructive, or designed to destroy, interrupt, or limit the normal operation of any computer software, hardware or any related equipment or to destroy, modify, alter, copy, or retrieve any data or information;
  12. designed to or results in excessive amount of content, User Content, or other data or information being posted or processed which overly taxes or floods this website and its normal operation;
  13. displaying or otherwise representing false, deceptive, or misleading icons, banners, ads, links, logos, marks, or other identifiers to disguise the origin of any content, User Content, or other data or information;
  14. using automated means (including files, programs, spiders, robots, worms, data mining etc.) to upload or download any information or material or User Content or to gain unauthorized access to the website or the computer systems of BY JEAN MICHELor its providers; or
  15. sending unsolicited emails, advertisements or other communications (spam etc.) to this website, BY JEAN MICHEL, or any users of this website or contacting any person who has not requested such communication or collecting any personal information for any commercial or unlawful purpose.

This section shall survive this Agreement.

(f) If you are a user of this website then you represent and warrant that:

  1. You are eighteen years of age (18) or older and are able to enter into this Agreement which shall be a legal and binding obligation upon you and your heirs, successors and permitted assigns; and
  2. Any and all Posting User Content by you or your account and any User Content shall be true, accurate, and complete.

3. DISCLAIMER

(a) The contents of this website, including without limitation, any User Content, information, data or files, and any products and services, and information or data related to the same, are provided on an “as is” or “as available” basis. BY JEAN MICHEL does not represent nor warrant that any services or products listed on or purchased through this or any other website are fit for any particular purpose nor reliable, complete, current, error free or accurate. BY JEAN MICHEL makes no warranties, guarantees, representations or endorsements neither express nor implied, whatsoever including without limitation warranties of accuracy, completeness, reliability, non-infringement of any property rights, merchantability or fitness for a particular purpose of any such content, product or service. Further, BY JEAN MICHE does not warrant or make any representation concerning any results or consequences from any use of the contents of this website or any other websites linked to this website or from any products or services purchased there from. IN NO EVENT SHALL BY JEAN MICHEL BE LIABLE FOR ANY CLAIM, COST, EXPENSE, DAMAGE, OR SIMILAR CHARGES OR AMOUNTS INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (A “LOSS’) INCLUDING WITHOUT LIMITATION ANY LOSS RELATING TO BUSINESS, COST OF REPLACEMENT GOODS, INABILITY TO USE THIS SITE OR ANY PRODUCTS, SERVICES, OR PROPERTY WHATSOEVER. BY JEAN MICHEL SHALL NOT BE LIABLE FOR ANY CRIMINAL, TORTUOUS, NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF ANY THIRD PARTY HOWSOEVER RELATED TO THIS WEBSITE, ANY OTHER WEBSITE OR TO ANY PRODUCTS OR SERVICES THEREON OR FOR THE USE OR MISUSE OF THE SAME. YOU AGREE TO USE THIS WEBSITE AND ITS CONTENTS AT YOUR SOLE RISK AND EXPENSE. BY JEAN MICHEL does not warrant or guarantee that the contents of this website or any other website linked to this website will be free of infection, viruses, worms, or any other manifestation in code or content which may contain destructive or harmful properties. Any inclusion in this website of any link to another website is not a warranty or endorsement of that other website which you use at your own risk. This provision shall survive this Agreement; and

(b) BY JEAN MICHEL reserves the right to modify, correct, add or remove any portion of the contents (including User Content) of this website in its sole discretion at any time, but is in no way obligated to do the same, without notice or compensation to you. This provision shall survive this Agreement.

4. LIMITATION

(a) In no event will BY JEAN MICHEL be liable for any damages or losses of any nature, type or kind (even where reasonably foreseen by BY JEAN MICHEL), including without limitation any damages for loss or interruption of profits, business, or information, arising out of any use, misuse, or inability to use any products or services listed on this website or from this website, the contents of this website, or any site linked to this site or for the interruption, suspension, or termination of access to or the modification or alteration of this website, the contents of this website, or any third party website or link. This provision shall survive this Agreement.

5. INDEMNIFICATION

(a) You agree to indemnify and hold harmless BY JEAN MICHEL and its officers, directors, employees, agents, assigns, suppliers, affiliates and subsidiaries (all of which are BY JEAN MICHEL for the purposes of this paragraph) from any loss or damage, any and all third party claims, demands, or actions, howsoever arising from your use of the website, your breach of this License Agreement, or your Posting User Content including those arising out of contract, tort, negligence, strict liability, or willful harm, or crimes by you, your employees, contractor or agents. This provision shall survive this Agreement.

6. TERMINATION

(a) This License Agreement shall immediately and automatically terminate without further notice or any other action upon:

(i) any breach by you, or on behalf of you or your user account, of any kind of any term or condition of this License Agreement; or

(ii) the receipt of notice at any time by BY JEAN MICHEL given to you.

(b) You agree that at any time and for any reason BY JEAN MICHEL, in its sole discretion, has the right (but not the obligation) to delete any or all User Content or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of this website or any User Content (or any part thereof), immediately and without notice, and remove and discard any User Content within this website, for any reason, including, without limitation, if BY JEAN MICHEL believes that you have acted inconsistently with this License Agreement, whether literally or in spirit. Further, you agree that BY JEAN MICHEL shall not be liable to you or any third-party for any termination of your access to this website or your Posting User Content. You shall not use or attempt to use the website after said termination. This provision shall survive this Agreement; and

(c) Upon termination of this License Agreement you must immediately cease any and all use, including without limitation any viewing, printing, storing or downloading, and destroy all information, data, files, or any other contents down loaded or otherwise obtained from this website and any and all total or partial copies of the same in your possession whether in electronic or printed format. This provision shall survive this Agreement.

7. ASSIGNMENT

(a) You shall not assign or transfer any interest or obligation under this License Agreement, or any part thereof, to any third party without the prior written consent of the BY JEAN MICHEL, in its sole discretion, and any permitted assign or transfer shall not relieve you of any obligations under this License Agreement. You shall ensure that any assigns and successors comply with the terms and conditions of this License Agreement. BY JEAN MICHEL may, in its sole discretion, assign or otherwise transfer any or all of its rights and obligations in and under this License Agreement and shall be released upon such assignment or transfer.

8. SUCCESSORS AND ASSIGNS

(a) This License Agreement shall be binding upon and endure to the benefit of the parties and their heirs, executors, administrators, receivers, trustees, successors and permitted assigns.

9. WAIVER

(a) No previous waiver, failure, or delay to exercise any right, provision or entitlement under this License Agreement shall be deemed to constitute a waiver or affect either party’s right to strict performance of other or future obligations.

10. JURISDICTION

(a) This License Agreement and all rights and obligations hereunder shall be governed by the laws, rules and regulations of the Province of Alberta, and the federal laws of Canada and the Courts of Alberta shall have the exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.

(b) The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for actions to seek temporary restraining orders or injunctions related to the purposes of this Agreement, or suit to compel compliance with the dispute resolution provision, the parties agree to use the following alternative dispute procedure as their remedy with respect to any controversy or claim arising out of or relating to this Agreement or breach of same: At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The parties intend that non-lawyer, business representatives, conduct these negotiations. Any and all negotiations, mediations, and arbitrations shall occur in Alberta. Upon agreement between the parties, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for the purposes of settlement, exempt from discovery and concurrence of both parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in the arbitration of a lawsuit. In any arbitration and/or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable legal fees and costs, including those incurred on appeal.

11.OWNERSHIP

(a) The contents of this website, including without limitation all rights to and interests in any and all trademarks, trade names, copyrights, official marks, logos, insignia, crests and any other symbols of BY JEAN MICHEL, and any compilation, selection, order and arrangements of those contents are owned by or licensed to BY JEAN MICHELand shall not be used in any way except as expressly set out in this License Agreement. All rights not granted expressly or by necessary implication by this License Agreement are expressly reserved to BY JEAN MICHEL;

(b) All information, material or data you provide to BY JEAN MICHEL through the use of this website including without limitation any comments, remarks, suggestions, questions, ideas, images, graphics, and User Content will become the property of BY JEAN MICHEL without compensation to you, however you will remain legally responsible for whatever you submit including without limitation its legality, reliability, and copyright. You waive any and all moral rights in any submission to BY JEAN MICHEL through the use of this License Agreement.

12. ENTIRE AGREEMENT

(a) This License Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any other prior statements, representations, discussions, negotiations or agreements between the parties, whether written or oral.

13. SEVERABILITY

(a) In the event that any term or condition contained in this License Agreement is found to be invalid or unenforceable by any competent authority with jurisdiction over the matter, that term or condition shall to that extent be severed from the remaining terms and conditions of this License Agreement which shall continue to be valid and enforceable to the fullest extent as permitted by law.

 

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