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TERMS OF USE
STUDIO ERE INC.
Please read carefully the following terms of use carefully (hereinafter the “Terms of Use”) of Studio Ere Inc., a company with its head office at 210-154 Laurier West Avenue, in the city of Montreal (H2T 2N7), in the province of Quebec, Canada (hereinafter “Studio Ere“).
Studio Ere operates this website (hereinafter the “Platform”), and the social media pages, account, website, network or any application contained therein designed and maintained by Studio Ere (hereinafter the "Social Media").
By choosing to use the Platform and the Studio Ere services, the user, understood as the end user or the organization you represent, or you work for (hereinafter the “User” or “Users”) agrees to all the Terms of set forth below that govern the content and use of the Platform, as well as the privacy policy set forth following the Studio Ere Terms of Use.
These Terms of Use are legally binding on the User and Studio Ere (hereinafter the "Parties"). The Parties shall be entitled to invoke these Terms of Use and to take all useful and necessary measures to enforce them.
If the User does not agree to these Terms of Use or, as the case may be, the Terms of Use as amended from time to time, the User shall not, or shall no longer, use the Platform.
Terms defined in these Terms of Use are used in Studio Ere' privacy policy. We recommend that you read all of Studio Ere’ policies and general terms of sale (hereinafter referred to, jointly with the Terms of Use “Legal Notice”).
ACCESS AND USE OF THE PLATFORM
Browsing the Platform means that you have read, understood and accepted the Terms of Use.
The Platform is accessible from any computer (computer, smart phone, tablet, etc.) and on any browser.
For optimal use, we recommend the use of the following browsers: Google Chrome, Firefox, Safari, Microsoft Edge.
THE SERVICE
The Platform is always accessible.
The Platform may be temporarily unavailable due to updates or technical problems. Studio Ere is not responsible for any interruption in service or updates. Studio Ere attempts to make updates when traffic on the Platform is at its lowest.
Studio Ere does not warrant that the Platform, or any portion thereof, will operate on any particular computer hardware or device. Furthermore, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Studio Ere reserves the right to add, remove and edit all or part of the content on the Platform, except for User-specific content. Studio Ere cannot be held responsible for any mistakes, typographical errors or bugs. Each User created in the system is the owner of the content of his account. Studio Ere does not delete anything unless a User requests it.
The User agrees, non-restrictively, to not:
Use the Platform in any manner that could damage, disable, overburden or impair the Platform;
Disrupt the security of, or otherwise abuse, the Platform or any services, resources, systems, servers or networks connected to the Platform or affiliated sites or connected to or accessible through them;
Disrupt or interfere with the use or enjoyment of the Platform by other services or affiliated or linked sites;
Upload, post or otherwise transmit on the Platform a virus or other harmful, disruptive or destructive computer file or program;
Use any robot, spider or other automatic device or manual process to monitor or copy the Platform pages or content;
Transmit through the Platform unsolicited bulk e-mail, chain letters, junk mail or other types of e-mail;
Attempt to gain unauthorized access to the Platform or portions thereof to which access is restricted. In addition, User agrees that it is solely responsible for all actions and communications undertaken or transmitted to or on behalf of User and agrees to comply with all applicable laws with respect to its use or activities on the Platform.
INTELLECTUAL PROPERTY
Unless otherwise noted, all intellectual property rights (trademark, copyright, etc.) (hereinafter the "Intellectual Property") related to the Platform are the exclusive property of Studio Ere. You may not copy or use any of the materials, structure, menu, appearance or characters that appear on the Platform without the express consent of Studio Ere.
Certain names, words, titles, phrases, logos, icons, graphics, designs, domain names and the like contained on the Platform or Social Media may be, among other things, registered or unregistered trademarks or trade names (all of which are referred to in these Terms of Use as "Trademarks"). These Trademarks are protected by Canadian and foreign trademark laws and are the exclusive property of Studio Ere.
Without limiting the scope thereof, the Intellectual Property owned by Studio Ere includes, but is not limited to, the following:
All logos, designs, graphics, guides, educational and/or support contents, photos, tutorial videos, trademarks (whether registered or not), symbols, text, phrases, words and all general content on the Platform
Unless otherwise noted, all information provided on the Platform or Social Media is the property of Studio Ere, and is protected by applicable laws. In addition, the information may not otherwise be copied, displayed, distributed, downloaded, unlicensed, modified, published, reproduced, reused, licensed, sublicensed, sold, transmitted or used for derivative works, public or commercial purposes without the express written permission of Studio Ere. The information is protected under the copyright and trademark laws of Canada and the countries that host the Platform or Social Media.
The User can use the information on the Platform exclusively for his own personal and non-commercial use, if he indicates on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks. The Terms of Use allow the User to have restricted authorization regarding its consultation, the display on his computer, the download and printing of images and text, as well as images, guides and video tutorials, presented on the Platform. This authorization is strictly for non-commercial, personal and educational uses, provided that the Platform’s content is not modified. This authorization belongs only to the User and cannot be attributed or transferred to anyone else neither can it be subject to a sublicense.
Images and text, as well as the image, guides and video tutorials, contained on the Platform that are downloaded, copied, saved or printed are still subject to these Terms of Use. You must ensure that all copyright and trademark notices are still included. The content of the Platform or Social Media may be changed at any time without notice.
For further information regarding permission to use, reproduce or republish any information presented on the Platform or Social Media, please contact us at hello@studioere.co.
Nothing contained herein shall be construed as conferring any license or right upon User under copyright or trademark laws.
Any unauthorized downloading, retransmission, copying or modification of the Intellectual Property or data contained on the Platform or Social Media may violate laws including trademark or copyright laws and could subject User to legal action.
Subject to applicable laws, the importation, creation, submission or storage of content by the User grants Studio Ere a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license. This license permits Studio Ere to host, use, modify, reproduce, publish, publicly perform, create derivative works from, or distribute your content. Under this license, Studio Ere may use your content only in connection with the operation, promotion or improvement of its services. If you wish to terminate this license, simply delete your account. The content you have shared will still be visible to other Users: you can request its deletion, under certain conditions, from the contact person, whom you can contact at hello@studioere.co.
EXTERNAL LINKS
It is possible that by using a hyperlink, the User leaves the Platform or Social Media to access external content (hereinafter "External Websites"). Studio Ere makes available to Users, in addition to its own content, links to External Websites solely for the User's convenience and information. Studio Ere has no control over the content of these External Websites and assumes no responsibility for their accuracy, precision, completeness, authenticity, timeliness or suitability. Any liability of Studio Ere is excluded, in particular for direct or indirect damages or consequences related to the use of the contents of these External Websites. Studio Ere has no influence on the contents of the linked external websites and is not responsible for their careful selection, the contents of the external links, in particular those which have been changed after the link was set. Studio Ere does not require the transmission of information, does not select the recipients of the transmitted information nor the information itself, and does not modify it. Furthermore, no automatic short-term intermediate storage of these external links is performed by Studio Ere under the current link creation and viewing method. Therefore, the responsibility for the content of External Websites accessible via external links lies solely with their operators.
In addition, Studio Ere does not warrant that such External Web Sites or their contents do not violate any laws, including copyright, trademark or other third-party rights, or are free of viruses or other harmful components.
No warranty is given as to the authenticity of the materials available on the Internet.
SOCIAL MEDIA
The following terms apply when you access a Social Media page.
General Statement
By using the Social Media pages and submitting a comment, photo, video or other material, you (and your parent/legal guardian if you are under the age of majority in the province or territory in which you reside) agree to be bound by and comply with the Studio Ere’s Legal Notice and the Terms of Use of third-party Social Media providers. You also consent to Studio Ere copying, editing, publishing, translating and distributing your comment, photo, video or other material posted on a Social Media without compensation.
Social Media Terms of Use
Some of the comments and other materials posted on the Social Media pages may not represent the views of Studio Ere. Therefore, you agree not to post or submit any information, posts, links or other materials of any kind to the Social Media pages that fall into any of the categories described below with respect to Studio Ere:
Any content that is defamatory, offensive, infringing, obscene, deceptive, illegal;
Any content that otherwise violates the rights (including privacy rights) of others;
Any content that contains advertising;
Promotional materials or any form of unwanted solicitation;
Any content whose origin or source is falsified;
Any financial or personal information about you or any other person; and
Any information that Studio Ere believes violates any part of the Legal Notice.
Any information, postings, links or materials that Studio Ere deems to fall into any of the above categories will be removed immediately without liability to Studio Ere.
Furthermore, Studio Ere does not assume responsibility for screening messages posted on Social Media.
Studio Ere disclaims all liability to entities that own or operate Social Media, including for any direct or indirect loss or damage resulting from any action or decision made by you or any other person in connection with the use of Social Media websites.
DISCLAIMER, WARRANTY EXCLUSION AND INDEMNIFICATION
Studio Ere does not warrant the accuracy, completeness, quality, adequacy or content of the information on its Platform. This information is provided "as is" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied conditions and warranties of merchantability and fitness for a particular purpose, except in jurisdictions that do not allow the exclusion of warranties.
Studio Ere is not responsible for the content posted on the Platform by Users and for any damages that may result. Each User is responsible for the content he exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.
When the User is a consumer within the meaning of the Quebec Consumer Protection Act, the latter does not allow the exclusion of warranties and the non-liability of Studio Ere for certain damages. In this case, the User has additional rights and is not subject to certain limitations mentioned below.
Except where the Consumer Protection Act is applicable, Studio Ere shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including but not limited to loss of revenue, profit or anticipated economic benefits arising out of the use of or inability to use the Platform, the information, materials and software contained therein, even if Studio Ere has been advised of the possibility of such damages or even if such damages can be reasonably foreseen.
You, as a User, will indemnify Studio Ere, and where applicable, its directors, officers, shareholders, partners, employees, agents, consultants and others involved with Studio Ere, and hold them harmless from and against any and all claims, liabilities, losses and expenses (including legal fees) arising out of your use of the Platform and/or your breach of these Terms of Use, whether such breach is by you or by any third party user of your account.
You may not use or export the Information or any copy or adaptation of the Information in violation of any applicable laws or regulations.
CHANGES TO THESE TERMS
We will occasionally update these Terms of Use. Continued use of the Platform constitutes the User's agreement to these Terms of Use and any updates.
However, where the Consumer Protection Act applies, Studio Ere will notify Users of the Platform thirty (30) days prior to the effective date of the change. If the User does not agree to such changes and wishes to terminate the agreement, the User shall have no more than thirty (30) days following the effective date of the changes to provide notice to Studio Ere and terminate, without cost or penalty, its obligations to Studio Ere.
INTERPRETATION
The headings of the foregoing sections are inserted for convenience of reference only and shall not affect the construction or interpretation of the provisions of these Terms of Use.
Wherever the context requires, words importing the singular number shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa.
CONTACT PERSON
If you have any questions or comments regarding any content on the Platform or Social Media, please contact us at hello@studioere.co.
Last update on January 25 2024.
