Conditions d’utilisation

A. DEFINITIONS

  1. The “Agreement” refers, collectively, to all the terms, conditions and notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Privacy Policy available at [https://clariprod.com/fr/politique-de-confidentialite/]) and procedures that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by Clariprod.
  3. The “Website” refers to the Clariprod website located at [https://clariprod.com/] and all content, services, and products provided by Clariprod at or through the Website. It also refers to all message boards, forums, blogs, and other portions of the Website.
  4. User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 16 years of age.
  5. Clariprod”, “We”, and “Us” refer to Clariprod .
  6. Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
  7. An “Account” represents your legal relationship with Clariprod. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Our Website.

B. ACCOUNT CREATION AND USE

  1. Account Controls

Subject to these Terms, Users retain ultimate administrative control over his/her User Account and the Content within it.

  1. Required Information

You must provide a valid email address in order to complete the sign-up process. You may sign up with a suitable username. Accounts that select usernames that use epithets, profanity, or other inappropriate languages will be deleted without further notice. Any other information, such as your real name, is optional.

  1. Account Requirements

We have a few simple rules for User Accounts on our forums and Website.

  1. You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted.
  2. One person may maintain no more than a single
  3. You must be age 16 or older and have the minimal age and legal capacity to use the Website in the country where you are located.
  4. Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
  5. You may not use the Website in violation of export control or sanctions laws of any applicable jurisdiction.
  6. User Account Security
    1. You are responsible for keeping your Account secure while you use our Service. We offer tools to help you maintain your Account’s security, but the content of your Account and its security are up to you.
    2. You are responsible for all content posted and activity that occurs under your Account.
    3. You are responsible for maintaining the security of your Account and password. Clariprod cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    4. You will promptly notify Clariprod if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

C. ACCEPTABLE USE

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or economic sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

D. USER-GENERATED CONTENT

  1. Responsibility for User-generated Content

You may create or upload User-generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

  1. Clariprod May Remove Content

We do not pre-screen User-generated Content, but we have the right (though not the obligation) to refuse or remove any User-generated Content that, in our sole discretion, violates any Clariprod terms or policies. We reserve the right to remove posts that are wrongful or in languages other than French or English and Content that is unrelated to the subject matter of the Website and Service.

  1. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and, that you will fully comply with any third-party licenses relating to Content you post.

  1. License Grant to Clariprod

You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.

  1. License Grant to Other Users

Any Content You post publicly, including issues, reports, comments, and contributions to other users’ content, may be viewed by other users of the Website. You agree to allow others to view and make their own copies of your Content which you post publicly.

By posting Your Content, you grant each other user of the Website a nonexclusive, worldwide license to use, display, and perform Your Content through the Clariprod Service and to reproduce Your Content solely on Clariprod Website, as permitted through the Website’s functionalities.

If you are publicly posting Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Clariprod users.

  1. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.

  1. Privacy Policy

You acknowledge having read Clariprod Privacy Policy (here) and agree to be governed by this privacy policy for all personal information provided to us through our Website.

Notwithstanding the above, this Website’s User forum is hosted by Zendesk. The User Forum is governed by these Terms and Conditions and Zendesk’s Privacy Policy, Terms and Conditions, and Data Deletion Policy. Account termination, migration, and data deletion timelines handled in accordance with Zendesk’s policies. More information about Zendesk’s Privacy Policy and Data Deletion Policy can be found here

E. COPYRIGHT INFRINGEMENT

If you believe that content on our website violates your copyright, please contact us via [https://clariprod.com/fr/nous-joindre/]. There may be legal consequences for sending a false or frivolous take-down notice. Before sending a take-down request, you must consider legal uses such as fair use and licensed uses. We will terminate the Accounts of repeat infringers of this section.

F. INTELLECTUAL PROPERTY

  1. Clariprod’ Rights to Content

Clariprod and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Clariprod.

  1. Downloadable content

Notwithstanding the above, Clariprod allows the User to download some independent software and libraries through the Website. Such downloadable material is provided to the User under the licence in Schedule A herein.  Furthermore, any improvement, modification and addition to the downloaded software or libraries must be submitted, once functional, to Clariprod and a worldwide, free of charge and irrevocable licence shall be granted to Clariprod to incorporated any such improvement, modification or addition, at its sole discretion, as part of the Service or the Website.

G. TERMINATION

  1. Account Cancellation

You may cancel your Account at all time, at your sole discretion. It is your responsibility to properly cancel your Account with Clariprod once you decide to terminate your relationship with Clariprod.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 90 days of cancellation or termination (though some information may remain in encrypted backups and we will keep your shared content). This information cannot be recovered once your Account is cancelled.

  1. Clariprod May Terminate

Clariprod has the right to suspend or terminate this Agreement, including the right to discontinue the Service and the Website, in whole or in part, with or without cause, with or without notice, effective immediately.

  1. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

H. DISCLAIMER OF WARRANTIES

CLARIPROD IS PROVIDED FREE OF CHARGE, TO HELP USERS WHO ARE DOING RESEARCH AND DEVELOPMENT WORK. YOU UNDERSTAND THAT, IN SUCH CIRCUMSTANCES, CLARIPROD PROVIDES THE WEBSITE AND THE SERVICE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.

WITHOUT LIMITING THE, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE AND THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT.

CLARIPROD DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE, OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.

I. LIMITATION OF LIABILITY

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from either:

  • the use, disclosure, or display of your User-generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or
  • any other matter relating to the Service.

Our liability is limited to whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

J. RELEASE AND INDEMNIFICATION

If you have a dispute with one or more other user(s) of the Website or Service, you agree to release Clariprod from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, including, without limitation claims arising from your breach of any applicable law or regulation or your infringement on third party intellectual property rights. For the purpose of this section “us” includes Clariprod, its directors, officers, employees and sub-contractors.

K. CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

L. MISCELLANEOUS

  1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Clariprod and any access to or use of the Website or the Service are governed by the laws of laws of the province of Quebec and the laws of Canada applicable therein, without regard to conflict of law provisions. To the fullest extent permitted by law, You and Clariprod agree to submit to the exclusive jurisdiction and venue of the courts located in the province of Quebec.

  1. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Clariprod to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

  1. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Clariprod, or by the posting by Clariprod of a revised version. These Terms of Service, together with the Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Clariprod relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

  1. Questions

Questions about the Terms of Service? Contact us [https://clariprod.com/fr/nous-joindre/].