Terms of Use for the nventive Websites

Last revised: May 5th, 2019

This document sets out the terms and conditions of use of the websites operated by nventive Inc. (“nventive”) (collectively and individually the “Website”).

Any user of the Website is deemed to have read, accepted and recognized the validity of the terms set out below, and undertakes to respect them and be bound by them. If a user of the Website does not accept these terms of use, they must stop using the Website. nventive may, at any moment and without prior notice, modify these terms of use. The users of the Website are asked to check regularly if the terms of use have been modified. The users are deemed to have accepted any modifications to the terms of use if they continue to use the Website following the publication of the modifications.

These terms of use form the full set of rights and obligations between nventive and any user of the Website, And replace any terms or prior provision relating to the use of the Website. No verbal or written declaration from an employee or director of nventive, or any other person, may modify or substitute these terms of use.

The Website is managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. These terms of use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws, In the case that any part of these terms of use were held to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these terms of use and would thus not affect the validity or enforceability of these other provisions, which would be interpreted without making reference to the removed section. Any litigation resulting from or associated to the use of the Website or to these terms of use shall be subjected to the exclusive jurisdiction of the courts of Quebec or a federal Canadian court, in the judicial district of Montreal, despite any potential application of the principle of conflicting laws.

Some jurisdictions do not allow terms of use to be governed by the laws of a foreign jurisdiction. Accordingly, applicable laws of Quebec may not apply to you.

The Website is accessible through the use of the Internet and in standard Internet formats. nventive reserves the right to modify these formats at all times and it is the obligation of the user to procure, at their cost, access to the Internet as well as any software required to access the Website.

Copyright

All articles, texts, illustration, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, particularly regarding copyright, and belong to nventive, to its affiliated entities, to its licensors or to the person recognized as having provided the content.

You undertake to respect all other copyright statements, notices or restrictions regarding or in the Content that you can access through the Website. nventive grants you a non-exclusive and non-transferable licence for use and display of the Website on your computer, or other electronic device, solely for the purposes of viewing it on a single screen and for copying a single copy of it for backup or printing on paper, for personal and non-commercial use, under the condition that you do not modify the content and that you retain any notices of copyright. Modification, reproduction, distribution, transmission, diffusion, representation, sharing on networks, marketing, publication, granting of licence, downloading, creation of derived works, display on the Internet, sale or any use of the Website or the Content, including, through storing on a proxy server, framing or similar means, are prohibited.

All software integrated into the Website or found there, particularly but not limited to, any type of source code, and all files or images contained or generated by this software, are protected by copyright and may be protected by other rights. All of this software belongs to nventive, to its affiliated entities or to its licensors.

Unless clearly provided otherwise on the Website, no element in the Website shall be interpreted as conferring on you a right, a title, an interest or any other licence in the software integrated within the Website or that can be downloaded from the Website, including, specifically, any form of intellectual property right in the software.

Notice Of Claimed Infringement

If you believe your work or content has been copied and posted to this Website in a way that constitutes copyright infringement, please provide nventive with the following written information in accordance with the Canadian Copyright Act:

  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on this Website;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your name, address, telephone number and email address (if available); and
  • A statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Trademarks

NVENTIVE and UNO PLATFORM are nventive trademarks. Other names, words, titles, phrases, logos, drawings, graphics, icons and marks displayed on the Website may be nventive or third-party trademarks marks. No item on the Website may be interpreted in such a way as to grant anyone a licence or right to use any nventive or third party logo, drawing or mark.

Responsibility for Minors

In the case that you authorized a minor to access the Website, you recognize that you are responsible: i) for their behaviour online; ii) for control over their access and use of the Website; and iii) for the consequences of any improper use they make of the Website. We recommend reasonable supervision of the use of the Website by minors that you are legally responsible for.

Submission of Materials

Unless specific regulations or written procedures by nventive exist in that regard, outlining other terms and conditions, when you submit messages, data, texts, photographs, images, receipts and other materials to nventive, you grant nventive a world, unlimited, irrevocable, non-exclusive, perpetual, fully paid-up licence for: i) use, reproduction, storage, adaptation, translation, modification, creation of derivative work, transmission, distribution or provision for public access to what you submitted for any purpose; and ii) granting sub-licences to third parties for the exercise of any of the aforementioned rights.

In addition to the abovementioned licence, under these terms of use, you: i) waive all moral rights regarding your content, ii) consent that your name, address and email address appear regarding your content, where applicable, as well as the sharing or display of this information, iii) acknowledge and agree that nventive shall not be held responsible for any loss, damage or corruption to your content; and, iv) undertake and agree that the items that you supply for display on the Website or that you provide to nventives hall be considered as non-confidential.

You represent and warrant to nventive that i) your content is original; ii) your content does not infringe any intellectual property rights, including without limitation copyright; iii) you are the sole owner of all intellectual property rights, including copyright without limitation, on and to your content or, where applicable, you have obtained written permission from the owner to provide your content; iv) your content does not violate the privacy or image rights of a third party; v) your content is truthful, accurate, up to date and complete, to your knowledge; and vi) your content is not illegal in any other way.

nventive has no obligation to verify content present on its Website or that is transmitted to it. The user recognizes, nevertheless, that nventive may at any point verify this content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Website or for any other reason, at its discretion. nventive reserves the right to modify, refuse or delete any content present on its Website or that is transmitted to it if nventive considers, at its sole discretion, that this content contravenes these terms of use.

Integrity and Accuracy of the Information

nventive shall endeavour to ensure that the information and Content available on the Website are complete, accurate and up to date. This information and Content comes from sources that nventive considers to be reliable, and are regularly updated. However, they may contain inaccuracies, omissions, spelling mistakes or other errors.

As a consequence, the Website and all of its Content are made available for users “as is”, without any warranty of any nature whatsoever, express or implied. Without limiting the foregoing, nventive makes no warranty regarding the availability or stability of the Website Content, the possibility to access it, the absence of any virus, or the precision, reliability, accuracy, integrity, exhaustive nature, performance or fitness for a particular purpose of the information provided, including that which relates to partners of nventive, to the legislation or regulation or availability of the services described. The user must take note that the Website is regularly subject to technical maintenance, which may limit or impede access for a temporary or prolonged period.

Non-liability

nventive, the host of the Website, their affiliated entities, and partners or licensors are in no way liable for direct or indirect damages, including but not limited to, a loss of revenue, customers or data, due to the use or incapacity to use or have access to the Website or the Content and items these may allow access to. This limitation applies whether based on contractual or extra-contractual rights, even if nventive has been advised of the possibility of such damages

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for some damages. Accordingly, some of the above limitations may not apply to you

Indemnification

Upon nventive’s request, you undertake to indemnify and keep harmless nventive, its affiliates, partners, subsidiaries or licensors as well as their employees, contractors, agents and directors, against any liabilities, claims and costs (including legal fees and costs) resulting from your use or errors in the use of the Website. To the fullest extent possible, you accept to cooperate with nventive for its defence in the context of any situation in which you should provide an indemnity.

Hyperlinks to Third-Party Sites

The Website may contain hyperlinks to third-party websites (“Third-party Sites”) that will navigate you away from the Website. nventive supplies these hyperlinks for your convenience. The Third-party Sites are not controlled by nventive and the hyperlinks cannot be interpreted as an approval or endorsement of their content by nventive. nventive is not responsible for the content of Third-party Sites, for links they contain, or for changes made or updates to these sites and nventive makes no warranty in that regard.

Hyperlinks to the Website

nventive accepts hyperlinks to the Website. However, it does not want to be linked with any third-party website: i) that contains content constituting or encouraging a criminal or penal offence, would affect civil liability or would in any other way constitute a violation of any municipal, provincial, national or international legislation or regulation, that could affect or harm the activities, credibility or integrity of nventive or that contains, displays or transmits any material or information that extends beyond the moral or legal standards of Canadian society; or ii) that contains, displays or transmits any information, software or other material that violates or infringes the rights of others, including material that impede privacy rights or privacy protection rights, or that is protected by copyright, trademark or another property right. nventive reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any moment. You agree to remove any hyperlink that you may have to the Website upon the request of nventive.

Termination

nventive reserves the right, at its sole discretion, to terminate your access to all or part of the Website, with or without prior notice, specifically in the case of a breach of these terms of use.

Confidentiality

nventive’s Privacy Policy, the content of which is available on the Website, is considered to be an integral part of these terms of use.

© 2019 nventive Inc. All right reserved.