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Conditions d’utilisation du site web - Vanilla Forums

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This website (the “Website”) is owned by Vanilla Forums Inc. (“Vanilla”) and is operated by Vanilla and/or its service providers and contractors. By accessing and using the Website, you agree to be bound by the following terms and conditions (“Terms and Conditions”) and all applicable laws. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE. Vanilla reserves the right to modify the Terms and Conditions at any time. Your continued access and use of the Website confirms your acceptance of the Terms and Conditions as modified. It is your responsibility to review the Terms and Conditions regularly.

Use of the Website

You may browse the Website for general information only. By accessing the Website, you agree to use the information contained on the Website in accordance with all applicable local, provincial, national or international laws and regulations. The contents of the Website are for informational purposes Only.

You may not use, copy, distribute, modify, transmit, revise, reverse engineer, republish, translate, sell, exploit, post or create derivative works of the contents of the Website, in whole or in part, without Vanilla’s prior written permission. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Except as expressly provided above, nothing in the Terms and Conditions shall be construed as granting you any license under any patent, trademark or copyright of Vanilla or any third party. Vanilla reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Website, including without limitation, taking legal action, or suspending or terminating your access to the Website without notice.

Collection of Information

All information, including personally identifiable information that you provide while accessing or using the Website, is subject to the Privacy Policy. The Privacy Policy https://vanillaforums.com/en/legal/privacy-policy/ is hereby incorporated into and forms part of these Terms and Conditions. By accessing and using the Website you agree to the use and disclosure of the information you submit on the Website as outlined in the Privacy Policy.

Disclaimer

TO THE GREATEST EXTENT PERMITTED BY LAW, THE CONTENTS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS OR WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. VANILLA ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE. VANILLA MAKES TO THE GREATEST EXTENT PERMITTED BY LAW, NO WARRANTIES OR REPRESENTATIONS, WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SUITABILITY, FOR ANY PURPOSE, OF THE CONTENTS OF THE WEBSITE, YOUR USE OF THE WEBSITE, OR YOUR USE OF THE CONTENTS OF ANY WEBSITE LINKED TO THE WEBSITE. WITHOUT LIMITING THE FOREGOING, VANILLA MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON THE WEBSITE OR ANY WEBSITE TO WHICH IT IS OR CAN BE LINKED.

TO THE GREATEST EXTENT PERMITTED BY LAW, VANILLA DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE COMPATIBLE WITH YOUR OPERATING SYSTEM, OR WILL OPERATE ERROR-FREE, WITHOUT INTERRUPTIONS, OR WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU USE THE WEBSITE AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR ALL CONSEQUENCES, HOWEVER REMOTE, RESULTING FROM YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE. THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION OF IMPLIED WARRANTIES.

THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE WEBSITE.

Liability Limitation

VANILLA, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT, OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WRONGFUL DEATH, BUSINESS INTERRUPTION AND WHETHER RESULTING FROM THE USE OR INABILITY OF USE OF ANY CONTENTS OF THE WEBSITE (INCLUDING WITHOUT LIMITATION ANY EXPERT OPINIONS AND EXTRACTS FROM PRESS ARTICLES THAT MAY BE POSTED ON THE WEBSITE), OR A WEBSITE LINKED TO THE WEBSITE, OR ANY OTHER CAUSE AND EVEN IF CAUSED BY THE NEGLIGENCE OF VANILLA OR ITS AFFILIATES, OR IF VANILLA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR BOTH.

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF VANILLA, ITS AFFILIATES AND ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR AGENTS OF THE FOREGOING TO YOU HEREUNDER SHALL NOT EXCEED YOUR ONLINE CHARGES FOR ACCESSING THE WEBSITE.

Restricted Material

You agree not to: (i) interfere with other users’ use of the Website; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; and (v) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

Links

As a convenience to our visitors, the Website may contain links to third party websites. However, the existence of such links does not imply Vanilla’s endorsement or affiliation with such third party websites. Such third party websites are not controlled by Vanilla, Vanilla does not endorse them and Vanilla is not liable for any damages arising from information provided on such third party websites. The Terms and Conditions and Privacy Policy do not apply to third party websites. We suggest contacting these websites directly for information on their data collection and distribution policies. Your linking to a third party website or pages is entirely at your own risk and subject to the terms and conditions and/or privacy policy of such websites or pages. Similarly, Vanilla does not expressly permit links to any of its websites. Vanilla, in its sole discretion, reserves the right to request that links to any of its websites be removed upon their discovery.

Intellectual Property

Your use of any content on the Website, except as provided in the Terms and Conditions, is strictly prohibited. Vanilla retains all copyright and other proprietary rights in the contents of the Website. In any use of the contents of the Website, Vanilla retains all copyright or other proprietary rights to the content as described in all notices and disclaimers contained thereon. You are not permitted to use the trademarks displayed on the Website without the prior written consent of Vanilla or the third party that owns such trademarks. Except as expressly provided for in the Terms and Conditions nothing herein shall be construed as conferring any license or right to or under any patent, trademark, copyright or other rights owned by Vanilla, its affiliates, related companies or their licensors.

Governing Law

These Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario, or the laws of the Province of Québec for Québec residents, and the laws of Canada applicable therein, excluding their rules governing conflicts of laws. Both parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario, or the courts of the Province of Québec for Québec residents, or in such other jurisdiction as Vanilla may enforce its rights.

General Provisions

We make no representation that the content on the Website is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws, rules and regulations, keeping in mind that access to certain content may not be legal by certain persons or in certain countries.

Some products and/or services described on the Website may be region specific and may not be approved in some countries or regions. Please contact Vanilla at [email protected] to obtain appropriate product and/or services information for your country of residence. References to products, services or programs not offered in your country or region do not imply that Vanilla intends to announce such products, services or programs in your country or region.

Our waiver of a breach of any provision of the Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of the Terms and Conditions or Privacy Policy is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of the Terms and Conditions or Privacy Policy or rendering such provision unenforceable in any other jurisdiction.

You agree that these Terms and Conditions any correspondence in connection therewith will be drawn up in English only. Vous convenez que ces Conditions d’utilisation et toute correspondance connexe seront rédigés en anglais seulement.