CONDITIONS OF USE FOR NEXUN MEDIA INTERNET SITE
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING NEXUN MEDIA’S INTERNET SITE.
FOR THE PURPOSE OF THIS DOCUMENT, ALL REFERENCES TO THE NEXUN MEDIA INTERNET SITE REFER TO BOTH NEXUN MEDIA PARENT SITE AND THE AFFILIATED SUBSITES.
1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By using Nexun Media Internet site, you acknowledge having read and understood these conditions of use and, accordingly, you agree to abide by them as well as any future modifications which may be made. These conditions of use represent an agreement between you and Nexun Media.
1.2. These conditions of use may be subject to change, addition or deletion at any time. Any such change will be posted on this page. Also, if we make major changes in our current conditions of use, they will be posted at least thirty (30) days prior to their coming into force and users who have forwarded their e-mail addresses to us will be notified directly thereof by electronic mail. Please refer to these conditions of use regularly in case any changes are made to them.
1.3. If you do not agree to be bound by these conditions of use, you should not use Nexun Media Internet site.
2.1. Nexun Media operates its Internet site from its offices in Québec Province, Canada. Nexun Media does not make any representation to the effect that all items on its Internet site may be used in other locations. People who access Nexun Media Internet site do so at their own initiative and are responsible for complying with all laws applicable to them.
2.2. By using Nexun Media Internet site, you acknowledge and agree that these conditions of use are governed by laws applicable in the Province of Québec and that any litigation ensuing from, or related to, the use of Nexun Media Internet site and services will be subject to the jurisdiction of the Courts of the District of Montréal, Province of Québec.
3. CHANGES IN INTERNET SITE
3.1. Nexun Media may modify, cancel or terminate any item contained in its Internet site, at any time, including the availability of any function, database or content. Nexun Media may also impose limits on certain items or restrict the access to certain sections of its Internet site without prior notice and without incurring its liability.
4. PERSONAL USE
4.1. All the items contained in Nexun Media Internet site are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in Nexun Media Internet site for commercial or advertising purposes without the written consent of Nexun Media.
5.1. Nexun Media site contains hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave Nexun Media site. Nexun Media has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and Nexun Media cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on Nexun Media Internet site should not in any way be interpreted as an endorsement by Nexun Media and does not incur its liability in any way. Nexun Media cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
6. INTELLECTUAL PROPERTY
6.1. The trademarks and logos used or posted on Nexun Media Internet site are trademarks and logos registered or not by Nexun Media or third parties. Nothing on Nexun Media Internet site may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on Nexun Media Internet site for commercial or advertising purposes or to increase the number of visitors to your site without the prior written permission of their owner.
6.2. All the items on Nexun Media Internet site (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to Nexun Media or third parties acting as content providers. Except for certain clearly stated exceptions, no items on Nexun Media Internet site must be interpreted as giving you any right whatsoever with regard to the intellectual property of Nexun Media or of a third party acting as a content provider.
6.3. Subject to section 6.4 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under license, or in any other way exploit, any item offered on Nexun Media Internet site (including any software), in whole or in part.
6.4. You can download or copy only for your personal use for non-commercial purposes items from Nexun Media Internet site provided you made a transaction with Nexun Media in order to get the specified items, or provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of Nexun Media or the holder of the copyrights identified in the notice of intellectual property.
7. REPRESENTATIONS AND WARRANTEES
7.1. You hereby indemnify, defend and hold Nexun Media, its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers (collectively referred to as “Nexun Media”) harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by Nexun Media related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you, with these Conditions of Use. Nexun Media reserves the right to participate in the defense of any such Claim and to be represented by an attorney of its choice.
8. LIMITATION OF LIABILITY
8.1. Nexun Media Internet site and the items they contain are offered to you on an “as is” basis and at no charge by Nexun Media, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, Nexun Media makes no representations about the comprehensive nature of the results of your searches conducted on its Internet site. You hereby acknowledge and agree that your use of Nexun Media Internet site is at your own risk.
8.2. Nexun Media makes no representation related to the accuracy or reliability of, nor does it endorse, any opinion, declaration or other information published or distributed on its Internet site by any user, content provider or other person.
8.3. Nexun Media disclaims all liability related to any error which may be found on its Internet site. Thus, Nexun Media and any third party providing content on Nexun Media Internet site, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of Nexun Media Internet site, in particular, the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items.
9. HOW TO CONTACT US ABOUT THIS POLICY
9.1. Should you have a claim related to a copyright infringement of any of the materials contained in Nexun Media Internet site, or for any other correspondence, you can reach us at the following address