Terms of Use

This document sets out the conditions of use of Quebec Maple Syrup Producers (“QMSP”) websites, including this one and any other website operated by QMSP(collectively and individually the “Website”).

Any user of the Website is deemed to have read, accepted and recognized the validity of the conditions set out below, and undertakes to respect and be bound by them. If a user of the Website does not accept these terms of use, she or he should stop using the Website. QMSP may, at any time and without prior notice, change these conditions of use. Users of the Website are asked to periodically verify whether the conditions of use have been changed. Users are deemed to have accepted any changes to the terms of use if they continue to use the Website following their publication.

These terms of use form the full set of rights and obligations associating QMSP and any user of the Website, and replace any condition or prior provision relating to the use of the Website. No verbal or written declaration from an QMSP employee or director or any other person may change or substitute for these conditions of use.

The Website is managed and powered by a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. These conditions of use, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws. In the case that any part of these terms of use were to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these conditions of use and would thus not affect the validity or enforceability of the other provisions, which would be interpreted without making reference to the removed section. Any litigation resulting from or associated to the use of the Website or to these conditions of use shall be subjected to the exclusive jurisdiction of the courts of Quebec or a federal Canadian court, in the judicial district of Longueuil, despite any potential application of the principle of conflicting laws.

Some jurisdictions do not allow terms and conditions to be governed by the laws of another jurisdiction. Therefore, Quebec laws may not apply to you.

The Website is accessible through the Internet and in standard Internet formats. QMSP reserves the right to modify these formats at any time and it is the obligation of the user to procure, at own cost, access to the Internet as well as any software required to access the Website.

Copyright

All articles, texts, illustrations, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, particularly regarding copyright, and belong to QMSP, to its affiliated entities, to its licensors or to the person recognized as having provided the content.

You agree to abide by all other copyright notices, information or restrictions regarding or in the Content that you may access through the Website. QMSP grants you a non-exclusive and non-transferable licence for the use and display of the Website on your computer, or other electronic device, solely for the purposes of viewing it on a single screen and for copying a single copy of it for backup or printing on paper, for personal and non-commercial use, under the conditions that you do not modify the content and that you retain the copyright notices. The modification, reproduction, distribution, transmission, diffusion, representation, sharing on networks, marketing, publication, concession of licence, downloading, creation of derivative works, display on Internet, sale or any use of the Website or the Content, including its storage on a proxy server, other framing or similar means, are prohibited.

All software integrated into the Website or found there, specifically but not limited to any type of source code, and all files or images contained in or generated by this software are protected by copyright and may be protected by other rights. All of this software belongs to QMSP, to its affiliated entities, or to its licensors.

No element in the Website shall be interpreted as conferring on you a right, a title, an interest or any other licence in the software integrated within the Website or that can be downloaded from the Website, including, specifically, any form of intellectual property right in the software.

Notice of Alleged Copyright Infringement

If you believe that your work or content has been copied and published on the Website in a manner that constitutes copyright infringement, please provide QMSP written notice, in accordance with Canada’s Copyright Act, with the following information:

• A description of your copyrighted work alleged to have been infringed;
• A description of the Website page on which your protected work appears, and the right that is alleged to have been infringed;
• A declaration of your good faith belief that the usage in dispute was not authorized by the copyright owner, its agent, or the law;
• Your name, address, phone number, and email address (as applicable), and:
• A declaration in which you affirm that the information set out above and included in your notice is accurate, and that you are the copyright holder or a person authorized to act on his or her behalf.

Trademarks

FEDERATION OF MAPLE SYRUP PRODUCERS, FÉDÉRATION DES PRODUCTEURS ACÉRICOLES, MAPLE FROM QUEBEC, ÉRABLE DU QUÉBEC, MAPLE FROM CANADA, ÉRABLE DU CANADA, INCREDIBLE MAPLE, INCROYABLE ÉRABLE, SIROPCOOL and NAPSI are FPAQ trademarks or certification marks. Other names, words, titles, phrases, logos, drawings, graphics, icons and marks displayed on the Website may be FPAQ or third-party trademarks or certification marks. No element on the Website may be interpreted in such a way as to grant anyone a licence or right to use any QMSP or third-party logo, drawing or mark.

Responsibility for Minors

If you authorize a minor to access the Website, you acknowledge your responsibility for: i) their conduct online; ii) control over their access and use of the Website; and iii) the consequences of any improper use of the Website. We recommend reasonable supervision of the use of the Website by minors for whom you are legally responsible.

Submission of Material

Unless there are specific QMSP written regulations or procedures stating other terms, your submission of messages, data, texts, photographs, images, receipts and other materials grants FPAQ an irrevocable, non-exclusive, permanent, free, unlimited, global licence for: i) the use, reproduction, storage, adaptation, translation, modification, creation of derivative works, transmission, distribution or provision for public access of what you submitted for any purpose; and ii) the concession of sub-licences to third parties to exercise any of the aforementioned rights.

Apart from the concession of the abovementioned licence, in accordance with these conditions of use, you: i) waive all moral rights regarding your content; ii) consent that your name, address and email address appear for your content, where applicable, as well as the sharing or display of this information; iii) acknowledge and agree that QMSP shall not be held responsible for any loss, damage or corruption to your content; and, iv) acknowledge and agree that the elements that you submit for posting on the Website or to QMSP shall be considered as non-confidential.

You declare and guarantee to QMSP that i) your content is original; ii) your content does not violate any intellectual property rights, particularly including copyright; iii) you are the sole owner of all intellectual property rights, particularly including copyright for your content or, where applicable, you have obtained written permission from the owner to submit your content; iv) your content does not violate the privacy or image rights of a third party; v) your content is truthful, correct, up to date and complete, to your knowledge; and vi) your content is not illegal in any other way.

QMSP has no obligation to verify the content on its Website or content transmitted to it. The user recognizes, nevertheless, that QMSP may at any point conduct such verification, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Website or for any other reason, at its discretion. QMSP reserves the right to change, refuse or delete any content on its Website or content transmitted to it if QMSP considers, at its sole discretion, that this content contravenes these terms of use.

Integrity and Accuracy of Information

QMSP endeavours to ensure that the information and Content on the Website are complete, correct and up to date. This information and Content come from sources that QMSP judges to be reliable and are regularly updated. However, they may contain inaccuracies, omissions, spelling mistakes, or other errors.

Consequently, the Website and all of its Content are made available to users “as is”, with no guarantee of any kind, expressed or implied. Without limiting the general nature of the aforementioned, QMSP offers no guarantee in relation to the availability or stability of the Website Content, to the possibility of accessing it, to the absence of any virus, or to the precision, reliability, accuracy, integrity, completeness, performance, or suitability for use for a given purpose of the information provided, including that which relates to QMSP partners, to the legislation or regulation or availability of the services described. The user is requested to take note that the Website is regularly subject to technical maintenance, which may limit or impede access for a temporary or prolonged period.

Disclaimer

QMSP, the host of the Website, and its affiliated entities, partners and licensors are in no way responsible, directly or indirectly, for (including but not limited to) a loss of revenue, clientele or data, due to the use of or inability to use or have access to the Website or the Content and elements thereof. This limitation applies, contractually or extra-contractually, even if QMSP has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Consequently, some of the limitations noted above may not apply to you.

Compensation

Upon its request, you undertake to compensate and plead the cause of QMSP, its affiliated entities, subsidiaries or licensors as well as their employees, contractors, agents and directors, in the event that they are held liable, and cover claims and costs (including extra-judicial fees of legal advisers) resulting from your use or errors committed in the use of the Website. As far as possible, you agree to cooperate with FPAQ in its defence within the context of any situation in which you should provide compensation.

Hyperlinks to Third-Party Sites

The Website may contain hyperlinks to third-party websites (“Third-Party Sites”) that will navigate you away from the Website. QMSP provides these hyperlinks for your convenience. Third-Party Sites are not controlled by QMSP and hyperlinks to them should not be interpreted as QMSP approval or endorsement of their content. QMSP is not responsible for the content of Third-Party Sites, for links they contain, or for changes made or updates to these sites and QMSP provides no guarantee pertaining to them.

Hyperlinks to the Website

QMSP accepts hyperlinks to the Website. However, it does not wish to be linked with any third-party website: i) that contains content constituting or encouraging a criminal or penal offence, would affect civil liability or would in any other way constitute a violation of any legislation or municipal, provincial, national or international regulation that could affect or harm QMSP’s activities, credibility or integrity, or that contains or transmits any material or information that extends beyond the moral or legal standards of Canadian society; or ii) that contains, displays or transmits any information, software or other material that violates or transgresses the rights of others, including material that is deemed to impede privacy rights or privacy protection rights, or that is protected by copyright, trademark or another property right. QMSP reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any time. You agree to remove any hyperlink that you may have to the Website upon the request of QMSP.

Termination

QMSP reserves the right, at its sole discretion, to terminate your access to all or part of the Website, with or without prior notice, specifically in the case of a failure to respect these terms of use.

Privacy

The Privacy Policy relating to the use of QMSP Websites, the content of which is on the Website, is considered an integral part of these terms of use.

© 2018 Fédération des producteurs acéricoles du Québec. All rights reserved.