joatuapp/joatu-v2

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app/views/static_page/tou.html.haml

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.tou
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        %h1 1. TERMS OF USE
        %h2 I. GENERAL CONDITIONS
        %p 2. The following terms and conditions govern all use of the Jack of all trades Universe (hereinafter: “JOATU”) website and all content, services and products available at or through the website (taken together, the "Website"). By accessing or using the Website an individual is a User and implicitly accepts and agrees to all terms and conditions contained herein, including all other operating rules, policies (including, without limitation, JOATU's Privacy Policy and User's Guidelines) and procedures that may be published or modified at anytime on the Website by JOATU (collectively, the "Agreement"). Would the User not agree to the Agreement, the user can, at any moment, terminate all access and/or use of the Website.
        %p 3. The Website is available only to individuals who are 18 years old or more and to younger individuals under constant parental supervision.
        %h2 II. ACCOUNT
        %p 4. To use the Website, the User will have to create an account. If the User does not manually create an account, there is an implicit account created for the user and connected to the user's email address which shall be the user's "Account" for purposes hereof. An account may also be automatically created via a social media platform. A User may maintain and use no more than one account to post content. A User specifically may not create or use additional accounts for any purpose, including without limitation the circumvention of technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Agreement.
        %p 5. The owner of the account will be responsible for maintaining its security and for keeping his/ her password confidential. The User is fully and exclusively responsible for all the activities that occur under his/her Account and any other actions that the user takes in connection with the Website. The User must not describe or assign content to the Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and JOATU may change or remove any description or keyword that it considers inappropriate or unlawful, or which could otherwise result in JOATU's liability. The User must immediately notify JOATU of any unauthorized uses of the Account, any breaches of security, or any content that the user believe violates the Agreement. JOATU will not be responsible or liable for and from any acts or omissions of the user.
        %h2 III. RESPONSIBILITY OF CONTRIBUTORS
        %p 6. JOATU is a platform to find or publish content. Therefore, JOATU does not control, does not make any warranties and representations and is not responsible nor liable for any content whatsoever that is found or published on the Website . JOATU does not in any way endorse the content published on the Website.
        %p 7. If a User posts content (including without limitation informations, comments, offers, images, graphics, texts, photographs, links, collectively referred to as the “Content”) on the Website, he/she is a Contributor. A Contributor is fully and exclusively responsible for the Content and for the inconveniences, harm or damagesresulting therefrom, as well as from all physical, material and immaterial goods or services distributed following the posting of such Content.
        %p 8. By the posting of any Content whatsoever, the Contributor warrants and guaranties that:
        %ul
          %li The Content and its downloading, copying and/or use does and will not infringe proprietary rights, including but not limited to copyright, patent, trademark, trade secrets rights of any third party;
          %li The Content is free from any virus, worm, malware, spyware, or other harmful, unwanted or destructive content;
          %li The Content is not spam, according to international and national regulations on such, is not machine or randomly generated and does not contain unethical, unwanted or spam advertisement in any form;
          %li The Content is in any way criminal, pornographic, libellous or defamatory, hateful, violent or inciting to violence, threatening or inciting to threat, a disclosure of a third party's confidential and personal information, and does not violate the rights of any third party or any laws and regulations in force in the Province of Québec, Canada;
          %li Any kind of promotion or advertisement of the Content must be explicitly accepted by JOATU;
          %li The Content is not named or formulated in a manner that misleads your readers into thinking that you are another person or company
          %li When the Content consist in any kind of offer (physical, material or a service) it must be offered under the Contributor's own name and is under the Contributor's exclusive responsibility and liability, excluding explicitly the responsibility and liability of JOATU;
          %li The Content must be in all ways legal and, in case of Content that consists in an offer, its confection, delivery, distribution or rendering must be legal and made in accordance to all laws and regulations in force in the Province of Québec, Canada;That the Contributor grants and assigns to JOATU, and the Contributor represents and warrants that the Contributor has the right to grant and assign to JOATU, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that the Contributor posts.
          %li The Contributor agrees to indemnify and hold JOATU and JOATU Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the Agreement. This indemnification obligation includes payment of any attorneys' fees and costs incurred by JOATU or JOATU Representatives.
          %li JOATU reserves the right to, at its sole discretion, remove or refuse to publish any Content on the Website and to ban or terminate or refuse access to any member from using the Website at any time, for any reason whatsoever. JOATU will not be held liable nor responsible for omitting or neglecting to delete Content or to ban Users that are in any way in violation with the Agreement or with any laws and regulations.
        %p 9. If a Contributor deletes Content, JOATU will use reasonable efforts to remove it from the Website, but the Contributor acknowledges that caching or references to the Content may not be made unavailable.
        %h2 IV. Responsibility of Users and Website visitors
        %p 10. JOATU does not control, is not responsible for and makes no representations or warranties whatsoever with respect to any User or User conduct. The User is solely responsible for his/ her interaction with or reliance on any User or User conduct. The User must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User or User conduct.
        %p 11. The User is also responsible for his/her own conduct and activities on, through or related to the Website, and, if the User creates an Account, the User is responsible for all conduct or activities on, through or by use of such Account.
        %p The User agrees to indemnify and hold JOATU and JOATU Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to the Webiste or JOATU, and related to or arising out of any conduct or activities on, through or by use of the User's Account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by JOATU or JOATU Representatives.
        %h2 V. Content Posted on Other Websites
        %p JOATU is not responsible nor liable for the material, including computer software, made available through the websites and webpages to which JOATU links, and that link to joatu.com or any IP address linking to the Website. JOATU is not responsible for these websites and webpages, and is not responsible for their content or their use. By linking to a third website or webpage, JOATU does not represent or imply that it endorses such website or webpage. The User is fully responsible for taking precautions, as necessary, to protect his/herself and his/her computer systems from viruses, worms, malware, spyware, and other harmful, unwanted or destructive content. JOATU disclaims any responsibility for any harm resulting from the User's use of third-party websites and webpages.
        %h2 VI. Intellectual Property
        %p 14. This Agreement does not consist in any offer, sale, licence or other transfer of JOATU and/or third party intellectual property, including without limitation trademarks, logos, copyrights, codings, trade secrets, graphics, photographs or texts, whether they are registered or not. Use of such intellectual property without written permission of JOATU or the third party to which it is proprietary is strictly forbidden.
        %h2 VII. Changes
        %p 15. JOATU reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. JOATU may also, in the future, offer new services and/or features through the Website, free of charge or for a fee. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
        %h2 VIII. Termination
        %p 16. JOATU may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your JOATU Account, you may simply discontinue using the Website. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, except for any obligation of JOATU.
        %h2 IX. Disclaimer of Warranties
        %p 17. The Website is provided "as is". JOATU and its suppliers and licensors shall not be responsible for, and hereby disclaim, all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non- infringement. Neither JOATU, nor its suppliers and licensors, makes any warranty that the Website is and shall be error free or that access thereto will be continuous or uninterrupted. Content or services through the Website are at the User's own discretion and risk.
        %h2 X. Limitation of Liability
        %p 18. In no event will JOATU, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. JOATU shall have no liability for any failure or delay due to matters not under its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
        %h2 XI. General Representations and Warranties
        %p 19. The User represents and warrants that (i) use of the Website will be in strict accordance with the JOATU Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, province, state, city, or other jurisdiction, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside); (ii) use of the Website will not infringe or misappropriate the intellectual property rights of JOATU or any third party.
        %h2 XII. Indemnification
        %p 20. The User agrees to indemnify and hold harmless JOATU, its contractors, and its licensors, and their respective directors, officers, employees, agents and shareholders from and against any and all claims and expenses, including without limitation attorneys' fees, arising out of the User's use of the Website, including but not limited to out of the User's violation of this Agreement.
        %h2 XIII. Miscellaneous
        %p 21. This Agreement constitutes the entire agreement between JOATU and the User concerning the subject matter hereof, and this Agreement may only be modified by a written amendment signed by an authorized executive of JOATU, or by the posting by JOATU of a revised version. Except to the extent provided by any applicable law, this Agreement as well as any access to or use of the Website shall be governed by the laws applicable in the province of Quebec, Canada.