Confidentiality
1. Introduction
These Terms and Conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts in relation to your relationship with us or to any products or services that you receive from us. If any provisions of additional contracts conflict with provisions of these Terms and Conditions, the provisions of those additional contracts will prevail.
2. Binding
By registering on, accessing, or otherwise using this website, you hereby agree to be bound by the Terms and Conditions set out below. The mere use of this website implies knowledge and acceptance of these Terms and Conditions. In certain particular cases, we may also ask you to provide explicit consent.
3. Electronic Communication
By using this website or communicating with us electronically, you accept and acknowledge that we may communicate with you electronically on our website or by sending you an email, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically meet any legal requirement, including but not limited to the requirement that such communications be in writing.
4. Intellectual Property
We or our licensors own and control all copyright and other intellectual property rights on the website and the data, information, and other resources displayed on or accessible within the website.
4.1 All Rights Reserved
Unless specific content states otherwise, no license or other right is granted to you under any copyright, trademark, patent, or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, incorporate into any electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form whatsoever without our prior written permission, except and only to the extent otherwise provided in mandatory law provisions (such as the right to quote).
5. Third-Party Property
Our website may include hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites that are linked to this website. Products or services offered by other websites are subject to the applicable Terms and Conditions of those third parties. Opinions expressed or materials appearing on those websites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of those sites. You assume all risks associated with the use of those websites and any third-party services. We will not accept any responsibility for any loss or damage, however caused, resulting from your disclosure of personal information to third parties.
6. Responsible Use
By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms and Conditions, by any additional contract with us, and by applicable laws and regulations, as well as generally accepted online practices and industry guidelines. You must not use our website or services to use, publish, or distribute any material that consists of (or is linked to) malicious software; use data collected from our website for any direct marketing activity; or conduct any systematic or automated data collection activity on or in relation to our website.
It is strictly prohibited to engage in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website.
7. Idea Submission
Do not submit any idea, invention, work of authorship, or other information that could be considered your own intellectual property that you would like to present to us unless we have first signed an agreement concerning intellectual property or a non-disclosure agreement. If you disclose it to us in the absence of such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.
8. Termination of Use
We may, at our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the website or to any service therein. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of your access to or use of the website or of any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any content you have contributed or relied upon are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
9. Warranties and Liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all its content are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the content. We do not guarantee that:
- this website or our content will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis.
Nothing on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you require advice, you should consult an appropriate professional.
The following provisions of this section shall apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in respect of any matter for which it would be unlawful for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss of or damage to property or data) suffered by you or any third party, arising from your access to or use of our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for any damages arising from or related to the website or to any products and services marketed or sold through the website, regardless of the form of legal action imposing liability (whether contractual, equitable, negligence, intentional conduct, tort, or otherwise), will be limited to the total price you paid to us to purchase such products or services or to use the website. This limit will apply collectively to all your claims, actions, and causes of action of every kind and nature.
10. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct, and up to date.
11. Export Restrictions / Legal Compliance
Access to the website from territories or countries where the content or the purchase of the products or services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Quebec and Canada.
12. Assignment
You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section will be null and void.
13. Breach of These Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or taking legal action against you.
14. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, and expenses relating to your violation of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for damages, losses, costs, and expenses relating to or arising from such claims.
15. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions or in any agreement, or failure to exercise any option to terminate, shall not be interpreted as a waiver of such provisions and will not affect the validity of these Terms and Conditions or of any agreement or any part thereof, nor the right thereafter to enforce each and every provision.
16. Language
These Terms and Conditions shall be translated exclusively into French. All notices and correspondence shall be written exclusively in that language.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Sylvie Bérard, autrice | Mamy Blues, le livre regarding your use of this website.
18. Updates to These Terms and Conditions
We may update these Terms and Conditions from time to time. It is your responsibility to check these Terms and Conditions periodically to see whether they have been modified or updated. The date indicated at the beginning of these Terms and Conditions is the most recent revision date. Changes to these Terms and Conditions will become effective as soon as they are posted on this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to comply with and be bound by these Terms and Conditions.
19. Choice of Law and Jurisdiction
These Terms and Conditions are governed by the laws of Quebec and Canada. Any dispute relating to these Terms and Conditions will be subject to the jurisdiction of the courts of Quebec and Canada. If any part or provision of these Terms and Conditions is held by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted, and/or enforced to the greatest extent possible to give effect to the intent of these Terms and Conditions. The remaining provisions will not be affected.
20. Contact Information
This website is owned and operated by Sylvie Bérard, author
You may contact us regarding these Terms and Conditions by writing or emailing us at the following address:
info@mamyblues.ca
Montreal, Quebec, Canada
