These "Terms and conditions of use" (hereinafter: the "Terms of Use") constitute an agreement with respect to your use of the website ― located at URL address or at any other address substituted or added to it (hereinafter: the " Website ") ― applicable between Les Papiers Peints et Tissus Crescendo Inc. (hereinafter, as the case may be: " CRESCENDO " or "we"), and you (hereinafter: "User (s)", or "you"). 1. YOUR CONSENT TO THESE TERMS OF USE Upon your access to and use of the Website, you agree to all of the terms and conditions described herein, and acknowledge having read and understood them. CRESCENDO may change these Terms of Use at any time, at its sole discretion. If you use this Website after the posting of any amendment, you agree to it. 2. INTELLECTUAL PROPERTY 2.1 IP of CRESCENDO; The content of the Website, its design, its layout as well as the trademarks displayed on the Website are the property of CRESCENDO, its suppliers and/or its partners and are protected by copyright, trademarks, and any other applicable regulations, as the case may be, and cannot be copied or retransmitted, in whole or in part, without the express authorization of CRESCENDO. 2.2 License of Use of the Website; You are authorized to use this Website for personal purposes, within the limits expressly provided in these Terms of Use. You cannot use this Website for any other purpose without the express written consent of CRESCENDO. Without limitation, without such written consent, you may not modify, reproduce, distribute, retransmit, display, publish, grant any license, assign or sell the content, information, software, products or services obtained on this Website, or create works derived from them. 3. GUARANTEES AND LIMITATIONS OF WARRANTY 3.1 Limitation of Guarantees with respect to the Website; In view of the potential instability of the Internet and to the extent permitted by law and by any applicable regulations, CRESCENDO offers no guarantee, whatsoever, in regards to the technical and/or commercial performance of the Website. CRESCENDO offers no guarantee that the features available on the Website will be uninterrupted, secure or free of any error and that any defect identified in the features, if any, will be corrected. You will be solely responsible for any damage to your computer or any loss of data resulting from the download of any material through the Website. 3.2 Limitation of liability with respect to the decisions of Users; Your use of any information or materials found or offered on this Website is at your own risk. It is your responsibility to ensure that any products or information obtained from this Site meet your specific needs. 3.3 Limitation of Liability for Damages; To the extent permitted by law and by any applicable regulations, CRESCENDO will not be held responsible for damages, direct or indirect, that may result from the use or the inability to use the Website, including any damage for loss of profits, loss of opportunities or loss of data, and this, whether or not CRESCENDO was advised of the likelihood of such damages. 4. SANCTIONS AND INDEMNITY FOR CONTRAVENTIONS 4.1 Penalties for Default; CRESCENDO reserves the right, in its sole discretion, to temporarily or permanently suspend your access to the Website and to take any other action deemed appropriate, depending on the circumstances, where CRESCENDO has good reasons to believe that you have breached any of your obligations as provided for herein. CRESCENDO, without being obliged, reserves the right to notify you by e-mail or otherwise, of your breach, and provide you with the opportunity to remedy. 4.2 Indemnity; You undertake to indemnify and hold CRESCENDO and its employees, agents, rights holders, representatives and/or business partners, as the case may be, harmless against any liability, loss, damage, cost or expense of any kind, (including reasonable attorneys’ fees), arising out of or in connection with any claim, action or proceeding made or brought against CRESCENDO as a result of your breach of any of your obligations under these Terms of Use, based on copyright violation, the application of any other relevant law or agreement or any infringement of the rights of third parties.. 4.3 Notice of Third Party Failure; You agree to notify CRESCENDO and cooperate with the latter if you ever become aware of the performance of any illegal or prohibited activity described in these Terms of Use. 5. CRESCENDO’S RESPONSIBILITY WITH RESPECT TO EXTERNAL WEBSITES 5.1 Hyperlinks to Third Party Websites; CRESCENDO has obtained its suppliers’ authorization in order to create hyperlinks towards their websites (hereinafter: "Linked Websites"). However, CRESCENDO is not responsible for the content of Linked Websites, these websites not having been created by CRESCENDO and not being under its control. Unless an express reference is made to this effect, this Website is not sponsored by the Linked Websites or by their owners or managers. Your navigation in these Linked Websites and their inclusion in your favorites are your own responsibility. 5.2 Hyperlinks to this Website; You may not create a hyperlink to this Website or use this Website in association with any trademark of a third party to suggest an endorsement or association with this Website or CRESCENDO without the written permission of the latter. CRESCENDO reserves the right to prevent you from using a link to this Website if the context in which this link is used may cause a prejudice to the honor, reputation or commercial interests of CRESCENDO. 6. LEGISLATION AND APPLICABLE JURISDICTION These Terms of Use are governed by the laws of the Province of Quebec which determine its execution and interpretation.
Copyright @ 2012 Les Papiers Peints et Tissus Crescendo Inc. All rights reserved.