Last updated : 2023-05-05
To the extent permitted by law, we reserve the right, in our sole and absolute discretion, to modify these Terms, or any part thereof, at any time. In such event, Vivre en Ville will provide you with reasonable notice prior to the amended Terms becoming effective and may notify you using an online notice, posting the amended Terms on the Registry or by e-mail. The amended Terms will take effect sixty (60) days after publication (or such other period as Vivre en Ville may specify in writing) and will apply to your use of the Registry from that time. Your use of the Registry after the amended Terms become effective shall constitute your tacit acceptance of the amended Terms. You are invited to share your comments and ideas to help us continue to improve these Terms.
1. Using the Registry
- Access and Use. Subject to your strict compliance with these Terms, Vivre en Ville authorizes you to access and use the Registry solely for personal use.
- Accuracy of information. We use commercially reasonable efforts to ensure that the information available on the Registry is accurate and up-to-date. However, some information may contain typographical errors, inaccuracies or minor omissions. In such cases, and to the extent permitted by law, we reserve the right to correct any minor errors, inaccuracies or omissions on the Registry.
- Restrictions. You may not, at any time, directly or indirectly, except as expressly authorized: (i) copy, modify or create derivative works of the Registry or its Content, in whole or in part; (ii) rent, lease, loan, sell, sublicense, assign, distribute, publish, transfer the Registry or Documentation to third parties; (iii) reverse engineer, disassemble, decompile, decode, adaptor otherwise attempt to derive or access the source code of the Registry, in whole or in part; (iv) remove any proprietary notices from the Registry, Documentation or Registry Content (as defined below); (v) use the Registry contrary to our instructions, the information we make available, the Documentation or any other applicable document; (vi) disseminateContent that is false, inaccurate, misleading, defamatory, harmful, abusive, threatening, harassing, tortious, violent, vulgar, obscene, invasive of another's right to privacy or confidentiality, hateful, racist or otherwise inappropriate; (vii) use theRegistry to otherwise disseminate malicious programs, viruses, or other harmful programs, illegal solicitation (including but not limited to junk mail or spam) or to otherwise pretend to be someone else or make false representations; (viii) share non-public features of the Registry with third parties; (ix) probe, scan, vulnerability test or circumvent any security mechanism used by websites, servers or networks connected to the Registry; (x) take any action that imposes an unreasonable or disproportionately large load on websites, servers or networks connected to the Registry; (xi) access, attempt to access, or use the data of other Registry users without their consent; (xii) knowingly diminish or impede access to the Registry; (xii)access or use the Registry to create a similar or competing platform or service; or (xiii) use the Registry, Documentation orRegistry Content in any manner or for any purpose that infringes, misappropriates or violates any intellectual property or other right of any person, or that violates any applicable law.
- Suspension of Registry. Notwithstanding anything to the contrary in these Terms, Vivre en Ville may temporarily suspend your access to some or all of the Registry if, in Vivre en Ville's reasonable opinion: (i) there is a threat or attack on any component of the Registry; (ii) your use of the Registry disrupts or poses a security risk to the Registry or any other Ville user;(iii) you use the Registry for fraudulent or illegal activities; (iv) your use of the Registry is prohibited by applicable law; or (v)your use of the Registry violates the Terms (each, a "Suspension"). Vivre en Ville will use reasonable efforts to provide you with written notice of any Suspension and updates regarding the resumption of access to the Registry following the end of anySuspension. Vivre en Ville will use reasonable efforts to provide access to the Registry as soon as reasonably possible after the event giving rise to the Suspension has been remedied. To the fullest extent permitted by law, Vivre en Ville shall not be liable for any damages, liabilities, losses (including any lost profits), or any other consequences that you may incur as a result of any Suspension.
- Compliance measures. The Registry may contain technological protection measures to prevent copying and other security measures to prevent unauthorized use of the Registry, such as use: (i) beyond the scope of access granted under the Terms; and (ii) prohibited under the Terms. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any alternative to such security measures.
- Investigation and Prosecution. Vivre en Ville reserves the right to investigate any actual or potential violation of these Terms and to take appropriate action to stop any violation. You acknowledge and agree that Vivre en Ville has the right (but not the obligation) to enforce compliance with these Terms, applicable laws, court orders and governmental requirements. In the event of any violation of these Terms, Vivre en Ville shall have the right, at any time and without notice, to terminate your access to, or use of, the Registry.
- Provision of information. Some features of the Registry require you to provide an e-mail address. For example, if you choose to provide information regarding a rental, you must provide an e-mail address and the information required to complete the submission procedure, as well as validate the submission using the link provided. You agree to provide Vivre enVille with current, complete and accurate information as requested in the submission form. In case of any violation of this paragraph, Vivre en Ville reserves the right to refuse your submission and the information provided at its sole and absolute discretion.
- Rent quotation limit. You may only submit a rental quote twice per year and per e-mail.
- Use of the Registry by minors. Vivre en Ville does not knowingly collect information from children under 14.
- Responsibility for Submissions. You are solely responsible for the information you provide to us. You agree to notify Vivre en Ville immediately of any unauthorized submissions made from your email that you become aware of.
- Use of third-party e-mail. You may only use an e-mail address that belongs to you personally when submitting information to the Registry.
- Deleting or modifying a submission. You can report an anomaly concerning a submission by using the appropriate links in the Registry, or you can write to us to request its deletion if you are the source of the anomaly. In addition, you can propose a modification to a submission using the links available on the Registry.
3. Collection and use of information; Aggregated data
- Collection and use of information. Vivre en Ville may, directly or indirectly through the services of third parties, collect and store information concerning the use of the Registry and on the equipment by which the Registry is accessed and used through (i) the provision of maintenance and support services; (ii) security measures included in the Registry; and (iii) through transfer via the Internet. You agree that Vivre en Ville may use this information for purposes related to any use of the Registry by you, including, without limitation, to: (y) improve the performance of the Registry or develop updates and (z) verify your compliance with the Terms and enforce Vivre en Ville's rights.
- Aggregated Data. Notwithstanding anything to the contrary herein, Vivre en Ville may monitor your use of the Registry and collect and compile aggregated and anonymized data sets (collectively, the "Aggregated Data"). As between the parties, all rights, title and interest in and to the Aggregate Data, including all intellectual property rights therein, shall belong to and be owned exclusively by Vivre en Ville. You acknowledge and agree that Vivre en Ville may, in its sole and absolute discretion: (i)make the Aggregated Data publicly available by applicable law and (ii) use the Aggregated Data to the extent and in the manner permitted by applicable law.
- Ownership of Content. As between us, you retain ownership of all material that you upload to, post on or communicate through the Registry or otherwise provide to Vivre en Ville hereunder ("Content"), except for Feedback (as defined below).Under the Terms, you grant Vivre en Ville a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, modify, adapt, reproduce, distribute, create derivative works from and otherwise display the Content and to do all such acts concerning the Content as may be necessary for Vivre en Ville to provide the Registry.
- Responsibility for Content. You acknowledge and agree that you are solely responsible for all Content you provide to theRegistry hereunder. Accordingly, you represent and warrant to Vivre en Ville that: (i) you are the sole and exclusive owner of the Content, or that you have all the rights, licenses, authorizations, consents and releases to grant Vivre en Ville the rights to such Content; and (ii) neither the Content nor its publication, transmission, or use by Vivre en Ville violates or will violate the rights of any third party, or any law or regulation, domestic or foreign.
- Prohibitions. At all times that you provide, upload, communicate or otherwise publish Content on the Registry hereunder, you agree not to make any statement or generate any Content that could be considered, in Vivre en Ville's sole and absolute discretion, to be: (i) abusive, defamatory, pornographic, indecent, threatening, hateful, racist, xenophobic, homophobic or sexist (or any use of discriminatory language) or portrays identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libellous manner; (ii) involves vulgar, obscene or malicious language; and (iii) discloses the personal or confidential information of others.
- License to Content. Notwithstanding anything to the contrary, by submitting Content, you grant Vivre en Ville a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to reproduce, publish, modify, adapt, create derivative works from, distribute and generally otherwise use the Content and to perform all acts concerning the Content that may be necessary for Vivre en Ville to provide the Registry. This includes but is not limited to advertising, broadcasting, promoting or representing Vivre en Ville's activities and services. You also agree to complete and sign all documents that Vivre en Ville may reasonably require to give full effect to this provision.
- Third-party content. Through the Registry, you may use and/or access content provided by third parties. Vivre en Ville cannot guarantee that such content will be free of any material or information you may find objectionable. Vivre en Ville disclaims all liability related to your access to any Content.
- Complaints and Management of the Registry. If you believe that any Content available on the Registry violates any provision of the Terms or any applicable law, Vivre en Ville invites you to submit a complaint, which will be treated confidentially, to the e-mail address email@example.com in the Terms or by using the "Report Defect" feature on the Registry. Notwithstanding the preceding, you acknowledge and agree that Vivre en Ville has no obligation to review theContent posted on the Registry, including your Content, or to monitor your access to or use of the Registry but has the right todo so, to ensure compliance with these Terms, applicable laws, court orders, government standards or any other applicable requirements. Vivre en Ville reserves all rights concerning the administration of the Registry, including, without limitation, the right to remove without notice any Content that, in Vivre en Ville's sole and absolute discretion, does not comply with the rules outlined in this section.
- Registry Information. Without limiting the rest of the Terms and for greater clarity, the Registry Content (as defined below) is provided for general information purposes only. It is not advice on which you should rely. You should obtain more specific or professional advice before taking, or refraining from taking, any action or inaction based on the Registry Content or any other information provided by Vivre en Ville thereon.
5. Intellectual property
- Registry and Documentation. You acknowledge and agree that the Registry and Documentation are provided under license and not sold to you. You acquire no right, title or interest in or to the Registry or Documentation under these Terms other than the right to access and use the Registry and Documentation under the Terms. As between the parties, Vivre en Ville retains all rights, title and interest in and to the Registry and the Documentation, including all intellectual property rights therein, exceptas expressly granted herein. You are responsible for protecting the Registry and Documentation (including all copies thereof)from unauthorized infringement, misappropriation, theft, use or access.
- Trademarks. All trademarks, service marks, logos, trade names and other distinctive signs designating Vivre en Ville or theRegistry are, between us, trademarks of Vivre en Ville. All other trademarks, service marks, logos, trade names and other distinctive signs are the trademarks of their respective owners.
- Content of the Registry. All original works reproduced or published on the Registry are protected by copyright. The owner of the copyright in each work reserves all rights therein. You acknowledge and agree that it is an infringement of copyright for any person to do, without the copyright owner's consent, anything that only the copyright owner has the right to do under applicable copyright laws. Elements of the content offered by Vivre en Ville on the Registry (the "Registry Content") may be protected by intellectual property including, but not limited to, copyright, privacy, trademark and other laws. They may require the consent of, or license from, third parties. Vivre en Ville does not represent or warrant that such approvals or licenses have been obtained and expressly disclaims any liability in this regard.
- Feedback. If you send or transmit to Vivre en Ville any communication or material that suggests or recommends changes to the Registry, including without limitation new features or functionality relating thereto, or any comments, questions, suggestions or the like (each, a "Feedback"), Vivre en Ville shall have the right (but not the obligation) to use such Feedback.You hereby assign to Vivre en Ville, on your behalf, all right, title and interest in and to the Feedback, effective as of the date such right, title and interest is created. You agree to waive any moral rights you have or may have in and to the Feedback.Without limiting the generality of the preceding, you acknowledge and agree that Vivre en Ville shall have the right (but not the obligation) to use, without any attribution or compensation, any ideas, know-how, concepts, techniques or other intellectual property rights in and to the Feedback for any purpose whatsoever. You also agree to complete and sign any documents thatVivre en Ville may reasonably require to give full effect to this provision.
6. Absence of warranty
- You understand and agree that your use of the Registry, its Content and any items found or obtained through the Registry is at your own risk. The Registry, its Content and any items found or obtained through the Registry are provided "as is" and "as available" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The preceding does not affect warranties, which may not be excluded or limited under applicable law.
- Neither Vivre en Ville, its subsidiaries or affiliates, nor any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors makes any warranty, representation or endorsement regarding the completeness, security, reliability,, adequacy, accuracy, currency or availability of the Registry or the Content.Without limiting the preceding, neither Vivre en Ville, its subsidiaries or affiliates, nor any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that theRegistry, its Content or anything found or obtained through the Registry will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, or that the Registry or the server that makes it available are free of viruses or other harmful components.
7. Limitation of liability
- To the maximum extent permitted by applicable law, in no event shall Vivre en Ville, its subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of data, whether caused by tort, breach of contract, invasion of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use of, or inability to use, or reliance on the Registry, any linked web site or any third party web site, or any Content, Registry Content, materials, postings or information thereon or available on the Registry.
- In no event will Vivre en Ville be liable to you for any interruption, suspension or inability to access the Registry, including but not limited to outages, network problems, acts of God or events beyond our control, or for any damages resulting therefrom.Vivre en Ville may, at any time and without notice, temporarily interrupt access to the Registry for maintenance purposes to ensure its proper operation without having to grant any compensation. To the fullest extent permitted by law, Vivre en Ville shall not be liable for any loss or damage to your computer system, including, but not limited to, loss of data, the transmission of viruses, hacking attempts, and piracy of data, files or programs contained therein, to the extent that such loss or damage does not result from any fault of Vivre en Ville or breach of its obligations hereunder.
- To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Vivre en Ville, itssubsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors,suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, losses, costs, expenses orfees (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or your use of the Registry, i ncluding, but not limited to, your Submissions, third party sites, any use of the Content, items available on the Registry otherthan as expressly authorized in the Terms.
9. External sites
- When you provide Vivre en Ville with your e-mail address through the Registry, you expressly consent to Vivre en Villekeeping your e-mail address in its databases or using it in its mailing lists to communicate with you to (i) validate certaininformation relating to your submissions and the information provided, if applicable; (ii) keep you informed of the status of yoursubmission (which expires after twelve months); (iii) to contextualize certain critical moments in the rental market (repossessions of units on December 31, notices of increase on March 31 or signature of new leases on July 1) (iv) to conductsurveys or audits concerning the Registry, in particular its functionalities, its user-friendliness and your appreciation of it; or (iv)for any other reason relating to the Registry or user security.
- Survival of Provisions. Provisions which by their nature should survive termination of these Terms shall survive termination,including requirements relating to ownership and disclaimers and limitations of liability.
- Governing Law. The Registry and the Terms will be governed by and construed by the laws of the Province of Quebec andthe federal laws of Canada applicable therein, without giving effect to any choice or conflict of law rules, principles orprovisions (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile,residence or physical location. Except in circumstances where applicable law prohibits exclusive jurisdiction, any action orproceeding arising out of or relating to the Registry and these Terms shall be brought in the courts of the judicial district ofQuebec, Quebec. Each party irrevocably submits to the exclusive jurisdiction of such courts in connection with any suchaction or proceeding. You waive any objection to the exercise of jurisdiction by such courts over you and to the jurisdiction ofsuch courts.
- Notices. We may provide you with any required legal notices (including service of process) by any lawful method, includingposting notices on the Registry or sending notices to any e-mail address you provide when submitting to the Registry orotherwise interacting with the Registry or us. You agree to mail us notices to 870 de Salaberry, Quebec G1R 2T9.
- Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder.
- Waiver and Severability. The failure of Vivre en Ville to enforce any right or provision of these Terms shall not constitute awaiver of any future right or provision. The waiver of any such right or provision shall be effective only if in writing and signedby a duly authorized representative of Vivre en Ville. Except as expressly provided in these Terms, the exercise by Vivre enVille of any of its remedies under these Terms shall be without prejudice to its other remedies. If, for any reason, a court ofcompetent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the remainder of these Terms shallcontinue in full force and effect.
- Force majeure. Each party will be released from its obligations to the extent and for the period that it is unable or preventedfrom performing said obligations by circumstances beyond its control and will not be liable to the other party for any damagessuffered.
- We look forward to hearing from you. Vivre en Ville welcomes your comments, questions and feedback. Please send them to firstname.lastname@example.org or write to us at the following address: Vivre en Ville, 870 de Salaberry, Québec (QC) G1R2T9.