BY ACCESSING THE SITE YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). PRODUKT RESERVES THE RIGHT TO REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE NOW AND REFRAIN FROM FURTHER USE.
TRADEMARKS: The names, titles, trademarks, service marks, and logos that appear on the Site are registered and unregistered marks of Produkt. You may not use the Produkt Trademarks without Produkt’s prior, written permission.
The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Produkt Trademarks or may be construed to mean that Produkt has authority to grant any right or license on behalf of any third party trademark owner.
COPYRIGHT: Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Site are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. Produkt retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Produkt. Produkt expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
COMMERCIAL USE PROHIBITED: Unauthorized downloading, publication or exploitation of Produkt’s files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission.
RESERVING RIGHTS: All rights not expressly granted by Produkt herein are specifically and completely reserved. Nothing on the Produkt website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Produkt has authority to grant any right or license on behalf of any third party.
REVIEWS AND COMMENTS: You may have an opportunity to comment on or provide reviews of products purchased from Produkt whether directly on the Site or other third-party platforms, including social media channels. By submitting any such comments or reviews (the “Comments”) you hereby grant to Produkt a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, Produkt, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Produkt the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or Produkt’s use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Produkt may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Website, in advertisements and emails and may include your first name and last initial as well as your Comment (or excerpted portions thereof).
SUBMISSIONS: Any communication or material you post, transmit, or distribute to the Site by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Produkt or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Produkt is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Produkt website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
WARRANTY AND INDEMNIFICATION: By using the Site in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Produkt, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Site.
DISCLAIMER OF WARRANTIES: PRODUKT PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. PRODUKT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NON INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. PRODUKT DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. PRODUKT MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. PRODUKT ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY: NEITHER PRODUKT, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
SEVERANCE AND WAIVER: You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Produkt’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Produkt.
VENUE AND CHOICE OF LAW: These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the Province of Quebec, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in by Federal or Provincial court located in the Province of Quebec, and the parties hereby waive any objection that they may have personal jurisdiction in these courts.
ENTIRE AGREEMENT: These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.