Terms & Conditions
IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting a prominent notice on the Site or sending an email to the address associated with your account. We are not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service. Consequently, you should add Village des neiges / Snow Village to the list of domains approved to send you email. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. If we make changes to this Agreement and you continue to use our Site, you are agreeing to this Agreement.
- Materials. The information, content, and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Materials”), are intended to educate and inform you about our online sales and information concerning luxury products and services.
Company grants you a limited right to access and use the Site and Service solely for your personal use. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your personal use. You may print a single copy of any textual Material available for downloading on the Site, solely for your personal use. You must retain all intellectual property and other proprietary or restrictive notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms of this Agreement. Further, the Materials remain the property of Company or its licensors or suppliers. Use or downloading of the Materials is conditioned on the terms of this Agreement and acceptance of the terms of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, copy, transmit, publish, publicly display or sell, license, or create derivative works of the Materials without the prior written consent of Company or, if so indicated in writing by Company, its licensors or suppliers.
- Code of Conduct. While using the Site and Materials, you agree not to:
- Making purchases. If you wish to purchase products or services described on the Site, you will be asked by Company or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You agree that all information that you provide to Company or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
- Errors. If any of the Company merchandise, product or service is listed at a wrong price because of a typographical error or error in pricing information received from Company’s merchants, suppliers or vendors, Company reserves the right to reject or cancel any orders made for the merchandise, product or service listed at the wrong price. Company may reject or cancel any such orders irrespective of whether the order has been confirmed and your credit card charged. In the event we have charged your credit card with the incorrect price and we cancel your order, Company shall issue a credit to your credit card account in the amount of the wrong price.
- Promotions or Referral Programs. Company may, from time to time, provide promotions or referral programs for its merchandise or to increase sales or members. In connection with these promotions or referral programs, any person that receives discounts, credits, coupons, prizes or other benefits from Company by using more than one user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits received by these methods, and may be liable for civil and/or criminal penalties under applicable law.
- Information Provided by Company. Although Company strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although Company endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Please contact Company at firstname.lastname@example.org to determine whether you have the most recent version of the Materials made generally available by Company.
- Submissions and Postings. Please note that, the Site may contain message boards, feedback mechanisms, and other forums (collectively, the “Forums”) and, therefore, we may redistribute materials you give to us, and we require certain rights in those materials. Accordingly, by sending or transmitting to us or making available for inclusion on the Site, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the Site, you hereby grant to us, our designees and affiliates, a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute (through multiple tiers), modify, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You hereby represent, warrant and covenant that any materials you provide or make available do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the right and license set forth in this Section). You agree that Company and its designees are free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes, including without limitation, inclusion and incorporation into the Site and Services.
- Claims of Copyright Infringement. Certain copyright laws provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under such copyright laws. If you believe in good faith that materials hosted by Company infringe your copyright (for example, materials posted by Company on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, certain copyright laws permit you to send Company a counter-notice. Company may change the above contact details over time. You agree that changes to such contact details will not be deemed to be a modification to this Agreement. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be penalties for false claims under copyright laws.
- Ownership and Restrictions on Use. The Site is owned and operated by Company in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating therein and thereto) are and will remain the property of Company and its licensors and suppliers. The Site, Services, and Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by Canadian and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
- Jurisdictional Issues. We make no representation that Materials available on or through the Site are appropriate or available for use in all jurisdictions. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Rules for Sweepstakes, Contests and Games. Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.
- Termination. This Agreement shall remain effective until terminated in accordance with its terms. Company may, in its sole discretion, terminate or suspend your access to or use of the Services and Site, and may deactivate or delete your account, for any reason or no reason, and without prior notice, including, without limitation, if we suspect that you may have breached any of the terms of this Agreement. Upon such termination by Company, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise. You may terminate your use of, and participation in, the Services or Site at any time.
- Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, GOODWILL, PROFITS, DATA OR OTHER INTANGIBLE LOSSES), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED OR PROVIDED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE ON THE SITE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE ON THE SITE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; and/or (d) your violation of any applicable law of any jurisdiction or any third party rights.
- Electronic Notice. When you use the Site or send emails to Company you are communicating with or receiving communication from Company electronically. You consent to receiving communications from Company electronically, including without limitation, receiving email communications from Company via email or Company may post notices on the Site. You expressly agree that all agreements, notices, disclosures and other communications that Company provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Questions. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at 30 rue Émillien Marcoux, Blainville (Québec) J7C 0B5 CANADA, or Info@snowvillagecanada.com
- Applicable Laws. This Agreement is governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regards to its principles of conflicts of law. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Agreement, Site, Services, and Materials therein (including but not limited to the purchase of Company products or services) shall be in the provincial or federal courts located in the City and judiciary district of Montreal, Quebec. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services, Company products, Site or this Agreement must be filed within one (1) years after such claim or cause of action arose or be forever barred. You agree to and by using the Site waive any right to a trial by jury.
- Arbitration. By using this Site, you agree that any dispute, controversy, or claim arising out of, related to or in connection with this Agreement, or to the breach, performance, non-performance, termination or invalidity thereof, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. (the “Institute”). The written award of the arbitrator shall be final and binding upon the parties, and judgment on or enforcement of the award so rendered may be sought, had or entered in any court having jurisdiction. The Institute shall appoint the sole arbitrator following consultation with the parties. The arbitrator so appointed shall be independent of the parties and shall have an international reputation as being experienced in the legal and technical matters related to the dispute. The seat of arbitration shall be Montreal, Quebec; provided, however, that the arbitrator may hold hearings at such other locations as the arbitrator shall determine, after consultation with the parties. The arbitral proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof. The arbitrator is precluded from awarding punitive or exemplary damages. In no event shall the arbitrator have the powers of an amiable compositeur. Nothing in this Agreement prohibits any party from seeking interim or conservatory relief in any court of competent jurisdiction; provided, however that neither the filing of an application for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, nor the granting of such relief, shall be deemed to be a waiver of the obligation of the party to have the dispute heard and determined solely and exclusively by arbitration. The rights and obligations of the parties as described herein shall survive the termination, expiration, non renewal, or rescission of this Agreement.
- Miscellaneous. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. If this Agreement conflicts with any other documents, the terms of this Agreement will control for the purposes of usage of the Site. This Agreement is not assignable, transferable or sublicenseable by you except with Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Notwithstanding anything to the contrary in this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on a party after expiration or termination of this Agreement will survive such expiration or termination. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Bypass any measures used by us to prevent or restrict access to the Site or portions of the Site;
- Use the Site and Materials for any unlawful purpose;
- Download or copy any account information or any information for the benefit of any other third party;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit or post (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; and (c) any trade secret of any third party; or
- Transmit or post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, communications expressing a political or other similar message, or other unsolicited commercial communication (except as otherwise expressly permitted by us). The foregoing prohibition includes but is not limited to (a) using the Company’s invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) use the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Transmit or post (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material or communications of any kind, including, but not limited to, any material or communications which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws, regulations, codes or rules of any jurisdiction; and/or (ii) impersonations of any third parties or other users or provide any kind of false or inaccurate information; Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Materials;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Create a link to any page of or content on the Site or other URL unless specifically authorized by Company;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about Site visitors or members without their express consent;
- Caching, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); and
- Any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, systems or servers.
While using the Site and Materials, you agree to comply with all applicable laws, rules and regulations. If you use or access this Site in contravention of the terms of this Agreement, or if you have repeatedly violated the terms of this Agreement or a third party’s copyright, we reserve the right to terminate the permissions or rights granted to you by Company.
Descriptions or images of, or references to, products or services on the Site do not imply Company’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
In addition, portions of the Materials have been contributed to the Site by various vendors, suppliers, specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and Company expressly disclaims any liability with respect to the foregoing.
The trademarks, trade names, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Company, Company’s licensors and suppliers, and others. The Trademarks owned by Company, whether registered or unregistered, may not be used for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Company or such third party which may own the Trademarks or in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company’s licensors or suppliers, or the third party owner of any such Trademark. Use of any Trademarks is prohibited, and Company will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
We reserve the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such product or service that we provide.
COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SOFTWARE ON THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICES AND PRODUCTS RECEIVED THROUGH THE SITE, MATERIALS, SUBMISSIONS, AND THE SOFTWARE ON THE SITE AND YOUR RELIANCE THEREON.
NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
COMPANY DOES NOT IN ANY WAY ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF ANY SUBMISSIONS, OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN COMPANY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR OR ANY USER’S RELIANCE ON INFORMATION, MATERIALS, SUBMISSIONS, OPINION, ADVICE OR STATEMENTS OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOURS OR ANY USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER MATERIALS.
The possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, the possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement,” above.