TERMS OF USE

The present Terms of Use (the “Agreement”) govern your access and use of the interactive module called Moment Maker and of the website located at thatsawsm.com, the Facebook, YouTube and Instagram accounts associated with the That’s AWSM! series (hereafter collectively called “the Site”). 9223-3287 Québec Inc. (hereafter “Wabanok”) owns and disseminates all written content, photographs, images, graphics and audio-visual materials found on the Site. In return for being allowed to access and use the Site, you agree to the following conditions:

1. Acceptance of this Agreement

By accessing and continuing to use the Site, you acknowledge that you accept and agree to abide by the terms and conditions listed in this Agreement. If you do not accept these terms and conditions, stop accessing or using the Site.

2. Amendments and notice

From time to time, Wabanok may revise the Agreement by updating this document. Wabanok may notify users of such changes via a general notice posted to the Site. Use of the Site following notification of amendments constitutes your acceptance of the modified Agreement.

3. Property

All material presented or otherwise available on the Site, including but not limited to articles or other text material, photographs, images, graphics, icons, multimedia clips, interactive content, computer code, tests, audio-video sequences (collectively, the “Material”) and the selection and organization of the Site contents, are protected by applicable Canadian and foreign intellectual and commercial property laws (including but not limited to copyrights and trademarks). Wabanok holds copyrights and other rights for the Site and the necessary licences and rights to the Material. Any transfer, reproduction, modification, publication, transmission, sale, distribution, performance, presentation or exploitation of the Site or the Material, in whole or in part, is strictly prohibited without the express written consent of Wabanok. Access and use of the Site give you no rights to the intellectual or physical property of the Site or the Material. In the absence of prior written consent from Wabanok, your use of the Site and the Material, in whole or in part, for commercial purposes or any purpose other than your personal use, is prohibited and exposes you to legal consequences, particularly copyright enforcement. The Material expressly does not include photographs or other documents submitted by Site users as per the following paragraph (“Submissions”).

4. Submissions

You are invited to publish audio, video and photographic content and original comments via Facebook, Instagram and YouTube, for the purpose of your content being presented on the Site (hereafter the “Messages”). Wabanok assumes no responsibility for the content of your Messages. Wabanok does not endorse the content of Messages that you submit or share on the Site. Despite the regular presence of a community manager, Messages do not necessarily reflect the opinions and policies of Wabanok. Wabanok makes no guarantee, express or implied, as to the content of Messages on the Site, nor as to the accuracy, quality or reliability of Messages or any other material submitted by you and other users of the Site. Nevertheless, Wabanok reserves the right to prevent you from submitting Messages, and to edit, block or remove any Message at any time, at its sole discretion. You are prohibited from using the Site to post, transmit or otherwise disseminate content created by anyone other than you or that infringes upon a third party’s copyrights or moral rights as defined in the federal Copyright Act (R.S.C. 1985 c. C-42), or that violates the privacy or damages the reputation of any party. Wabanok assumes no responsibility for monitoring discussion threads on the Site for inappropriate Messages. If, at any time, Wabanok decides to moderate discussions, Wabanok will nevertheless assume no responsibility for any consequences related to the content of Messages submitted by you and other Site users, nor will it have any obligation to modify or remove inappropriate Messages, and will assume no responsibility for the conduct of users who submit Messages.

When posting Messages to the Site, you agree to engage only in discussions on topics relevant to the Site’s purpose. You agree that Wabanok assumes no liability when it decides to prevent you from submitting Messages, or when it edits, blocks or removes your Messages. You also agree to allow all other Site users to access, read, save and reproduce your Messages for their personal use and not to restrict or prevent the use of the Site by any other person. When you use the Site, you are bound by all applicable laws and regulations.

Furthermore, Wabanok expects users of the Site to respect the privacy, rights and dignity of others, and to use the Site based on the following rules of good conduct. You shall refrain from:

• posting, transmitting or otherwise making available Messages that are or could be
  • harassing, degrading, hateful or intimidating;
    defamatory;
  • fraudulent or criminal;
  • obscene, indecent, pornographic or otherwise offensive;
  • in violation of the privacy of a third party through the disclosure of personal information, including but not limited to the third party’s address, telephone number, email address or credit card number; or information protected by copyrights, trademarks, trade secrets, or other property rights, without the express permission of the owner of such copyrights, trademarks, trade secrets or other property rights;
• post, transmit or otherwise make available Messages that could infringe the property rights of a third party, including but not limited to copyrighted software, music, photographs, text, videos or artworks;
• use the Site in a manner that violates or incites anyone to violate any applicable international, federal, provincial or local law;
• use the Site to post, transmit or otherwise make available any material that could trigger civil or criminal liability; that encourages conduct of a criminal nature; that encourages or instructs others to engage in illegal activities such as computer piracy;
• post, transmit or otherwise make available Messages that infringe the privacy or other rights of a third party, or that contain information about the users of the Site;
• impersonate a physical or legal person, including but not limited to any representative of Wabanok; falsely represent your affiliation with any physical or legal person; suggest or otherwise imply that Wabanok endorses any statement made by you without Wabanok’s prior written consent;
• post, transmit or otherwise make available any computer virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, document or program that could have the intent or effect of damaging or hijacking the operation of any storage medium, software, server or telecommunications equipment;
• interfere with or disrupt the Site’s operation;
• post, transmit or otherwise make available any promotional materials, spam, chain letters, investment opportunities, pyramid schemes or any other form of unauthorized solicitation.

5. Messages

You agree that the Messages you post become the exclusive property of Wabanok and that they may be used, copied, sub-licenced, adapted, transmitted, distributed, made public or published, posted or erased by Wabanok at its discretion. Any person who, in Wabanok’s judgment, infringes the above rules of conduct will be prevented from submitting or posting further Messages to the Site.

6. Voting

The Site includes an interactive module called Moment Maker, which allows users to vote for a guest and an activity for an event to be live-streamed on Facebook  (hereafter “The Moment Maker”). By participating in The Moment Maker, by sharing the module and publishing your votes, you agree to respect the following terms of use:

Disclaimer

It is important to note that all votes represent the opinion of the respondent.
Limitation of liability
When you complete The Moment Maker, you must consent to, or decline to consent to, the publication of your personal results and your avatar on social media.

Wabanok disclaims all liability for any event that may occur following publication, by any means, and shall under no circumstance be held liable for any damages to your person.

Licence

The Moment Maker is protected by copyright and cannot, at any time, be copied, modified, disseminated or otherwise exploited without the express permission of Wabanok. Wabanok holds a universal and perpetual licence to The Moment Maker and its related literature.

7. Confidentiality

By accessing and continuing to use the Site, and by providing Wabanok your personally identifying information, you confirm that you agree to be bound by the terms and conditions and privacy policy of the Site, which can be found at thatsawsm.com under the “terms of use” tab at the bottom of each page. If you do not accept the terms and conditions and the privacy policy, do not access and use the Site or provide personally identifying information via the Site.

8. Links

Wabanok does not endorse any external sites linked, nor the information, materials, products and services contained on or accessible through such linked sites. Furthermore, Wabanok makes no representation or guarantee as to the information, Material, products or services available on or accessible through such linked sites. Users access and use of such linked sites, including the information, Material, products and services found there, at their own risk.

9. Creating hyperlinks

To request permission to link to the Site, please contact Wabanok. Wabanok reserves the right to cancel and revoke any permission it may grant to create a link with the Site, at any time, for any reason, without notice and without liability to you or any other person.

10. Limitation of liability

SUBJECT TO APPLICABLE LAWS, WABANOK AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSEES, SUCCESSORS AND ASSIGNS SHALL AT NO TIME BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM, CAUSED BY OR RELATED TO THE USE OF THE SITE, INABILITY TO USE THE SITE, THE PRECISION, COMPLETENESS OR ACCURACY OF THE MATERIAL STORED ON THE SITE OR ACCESSED OR USED VIA THE SITE, OR FOR YOUR ACTIONS OR DECISIONS TO ACT BASED ON MATERIAL ON THE SITE, INCLUDING ALL LOSSES OR DAMAGES IN KIND OR LOSS OF BUSINESS, ECONOMIC LOSSES, DATA LOSS AND/OR LOST PROFITS, REGARDLESS OF CAUSE, WHETHER SUCH DAMAGES RESULT FROM A CONTRACTUAL OR CRIMINAL ERROR, OR ERROR IN EQUITY OR LAW OR OTHERWISE, WHETHER OR NOT WABANOK WAS ADVISED OF THE POTENTIAL FOR DAMAGE.

11. Compensation

You agree to compensate and hold harmless Wabanok and its officers, directors, affiliates, employees, representatives, agents, licence holders, successors and assigns with respect to all claims or demands, including reasonable legal fees, made by any third party caused by or resulting from the Messages that you submit, post or otherwise make available through the Site, your use of the site, or any violation of the law, the present Agreement or the rights of any third party.

12. Trademarks

Certain words, phrases, names, designs and logos on the Site may be trademarks, service marks or trade names owned by Wabanok or a third party. The posting of such marks on the Site is not to be construed as Wabanok or any other entity having granted you a licence to use them.

13. Miscellaneous

Wabanok’s failure to exercise any right or enforce any clause of the present Agreement shall not constitute a renunciation of such rights or clauses. The terms and conditions of the present Agreement shall be governed and interpreted in conformity with the applicable laws of the province of Quebec and of Canada, all notwithstanding any conflict with the provisions of the law in your place of residence, domicile or physical address. By these presents you agree to submit to the exclusive jurisdiction of the courts of the province of Quebec for any action or proceeding resulting from or related to the present Agreement. If one of the terms of the present Agreement is declared void, illegal or inapplicable, that term shall be considered non-existent, without effect on the validity and applicability of the other terms of this Agreement. The present Agreement cannot be assigned or transferred by you, but Wabanok may do so without limitation.

14. Acceptance

By accessing or using the Site, in whole or in part, you accept the Terms of Use listed above. If you do not accept them, do not access or use the Site.

If you have any questions, please write to info@wabanok.tv.

9223-3287 Québec inc. (WABANOK)
520 rue Saint-Jean (suite 102), Longueuil (Qc), J4H 2Y4
Effective date: February 1, 2019

15. Jurisdiction

You agree that the competent courts of the judicial district of Montreal, in the province of Quebec, Canada, shall have exclusive jurisdiction for hearing and ruling on any claim or litigation related to the application and interpretation of the above-mentioned Terms and Conditions.

16. Applicable laws

Use of the Site is governed by the laws applicable within the province of Quebec.