Terms and Conditions for Access To and Use of Site

1.  Ownership and copyright. You acknowledge that any and all information and content, including without limitation, reports, data, databases, graphics, photographs, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and tradenames contained on this website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, COPIBEC or its licensors, as the case may be.

2.  Monitoring.  You acknowledge that COPIBEC may monitor access to, use of and other activities relating to this website, and may intervene in relation thereto but does not make any representation or warranty that it will do so.  You hereby consent to any such monitoring and intervention.

3.  Restrictions on use. Except as expressly authorized by COPIBEC, you agree that you will not:

(i)  reproduce or communicate to the public by telecommunication, the Content for any purpose, including without limitation, downloading the Content for the purposes of compiling a database;

(ii)  use any robots or similar data gathering and extraction methods in connection with this website;

(iii)  create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of COPIBEC or its licensors or allow any third-party to access the Content. The restrictions set out in these Terms and Conditions shall not apply to the limited extent the restrictions are prohibited by applicable law;

(iv)  introduce into or through this website any information or content which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in information which may, among other things, constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity. You warrant that information or content which you provide to COPIBEC electronically through your access to or use of this website does not infringe the rights of any person or entity.

4.  Privacy and confidentiality. COPIBEC is committed to taking all reasonable measures to protect your privacy with respect to any personal information you provide and will give effect to the principles, terms and conditions contained in its online Privacy Policy in accordance with applicable privacy legislation, including the requirements, procedures, exclusions and exceptions provided therein.

Despite its best efforts and the measures taken by COPIBEC to ensure the protection of your personal information, the risk that the confidentiality or privacy of such information is violated, lost or otherwise breached cannot be excluded.  It is therefore understood and agreed that access to or use of this website is at your own risk, which you hereby accept, and entails waiver of any rights or remedies against COPIBEC for any prejudice whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of personal information.  COPIBEC is not responsible for and shall not be liable to you or other persons for any claims, losses, costs, expenses or damages whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of your personal information, except in cases where such prejudice results directly and entirely from the negligence of COPIBEC in the performance of its legal obligations under the Act Respecting the Protection of Personal Information in the Private Sector.

Subject to applicable privacy legislation in Canada, it is understood that by accessing or using this website, filing an application or asking about or for COPIBEC’s products or services identified in this website, you agree and consent to the collection, use, disclosure, retention and disposal of the personal information required by COPIBEC for the purposes identified in its online Privacy Policy or for a use consistent with those purposes.

5.  E-mail. Any unencrypted e-mail communication over the Internet is, as with communication via any other medium, such as cellular phones, not secure or confidential, and is subject to possible interception, loss or alteration. COPIBEC does not encourage anyone to send information, including personal information, to it using unencrypted e-mail. COPIBEC is not responsible for and shall not be liable to you or any other person for any damages in connection with an e-mail sent to COPIBEC or by COPIBEC at your request.

6.  Links and downloading of software. This website may contain links from or to other websites. COPIBEC does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, COPIBEC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that COPIBEC is affiliated or associated with same. COPIBEC DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPERLINKS TO OR CONTENT FOUND, ON OTHER WEBSITES. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service. You may not create a link to this website without COPIBEC’s express and written consent. 

While every effort is made by COPIBEC to ensure that all software provided at this website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You must also ensure that you have up-to-date backup copies of the entire contents of your hard disk before installing software downloaded from this website.

7.  Disclaimer of warranties, representations and conditions.  COPIBEC does not give, make or set any warranties, representations, conditions or guarantees, whether expressed or implied by law, statute, trade usage or otherwise, with respect to the functionality or conditions of this website or the Content contained therein, including, without limitation, warranties as to merchantability, operation, non-infringement, title, usefulness, completeness, accuracy, adequacy, currency, reliability or fitness for a particular purpose. Without limiting the generality of the foregoing, COPIBEC does not give, make or set any express or implied warranties, representations, conditions or guarantees to the effect that the Content, accessed from or through this website will be uninterrupted or free of errors, omissions, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

8.  Exclusion of liabilities.  COPIBEC, its agents, employees, directors, officers and affiliated companies and any person associated with the creation of this website or its contents are not responsible for and shall not be liable to you or other persons for any claims, losses, costs, expenses or damages whatsoever, including direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with this website, the Content contained therein, or the access to or use thereof. Without limitation and notwithstanding anything to the contrary, COPIBEC shall not be responsible for and shall not be liable to you or to any other persons for any claims, losses, costs, expenses or damages arising out of or in connection with:

i)  failure of performance, delays, interruptions, communication line or systems failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, material, messages, or instructions between you and COPIBEC and/or which prevent information, material, messages or instructions from being transmitted in whole or in part or agreements from being formed between you and COPIBEC;

ii)  your inability to access, at any time, any part of this website or any Content, products or services provided on it;

iii)  any harm or loss to your personal computer records or data, howsoever caused, including by viruses, "worms", "trojan horses" or other similar intrusive, disruptive or destructive programs or files;

iv)  interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;

v)  lack of suitability, reliability, timeliness or availability of this website or any Content, products or services offered on this website;

vi)  COPIBEC’s failure to take corrective measures.

The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if COPIBEC has been advised of the possibility of such claims, losses, costs or damages.

Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, COPIBEC's liability in such jurisdictions shall be limited to the extent permitted by law.

9.  Indemnity. You agree at all times to indemnify, defend and hold harmless COPIBEC, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by COPIBEC directly or indirectly in respect of:

(i)  any information or other content you provide on or through this website or which is sent to COPIBEC by e-mail or other correspondence; or

(ii)  your use or misuse of the Content or this website, including without limitation, infringement claims 

10.  Governing law. COPIBEC, this website and the Content (excluding linked websites or content) are physically located within the Province of Quebec, Canada. This website and these Terms and Conditions will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the non-exclusive jurisdiction of the Quebec courts.

11.  Modifications.

(i)  COPIBEC may modify, alter or otherwise update the Terms and Conditions applicable to this website at any time.  COPIBEC will notify you of any changes to such Terms and Conditions by posting notice of such changes on this website, or sending notice via e-mail.  Your continued use of this website following notice of such change means that you agree to and accept the Terms and Conditions as amended.  If you do not agree to any modification of these Terms and Conditions, you must immediately stop using this website.

(ii)  Change to Content.  The Content may be changed at any time without notice.