TERMS AND CONDITIONS OF USE
Version of August 1, 2017
Welcome to Hugstory.com ("Hugstory"). For your protection and ours, we have established these terms and conditions of use, which are based on the values of Hugstory. Hugstory acts as a platform for bringing together various actors in the field of pet’s well-being (such as breeders, shelters, daycare, feline / canine cafes, grooming salons, clubs, associations, etc.) and animal lovers. As a visitor, you will be able to observe animals live, see their descriptive cards, discover new actors and the services they offer, and share with a community of enthusiasts. As a broadcaster, you will be able to promote your commercial facilities and share your passion with members of the Hugstory community.
As a consumer, you have rights under the law. The exclusions and limitations of liability under these terms and conditions of use will not apply if they are contrary to applicable law. Some countries do not allow the exclusion of warranties or liability. We recommend that you refer to the applicable laws in your area. Nothing in these terms and conditions shall affect your rights under the law.
- Your acceptance
- We invite you periodically to review the terms and conditions of use. Hugstory may, at its sole discretion, modify these terms and conditions of use and other policies at any time and those changes will be applicable to you. Your use of Hugstory after any change to these terms and conditions of use will be considered as an acceptance of the changes to the terms and conditions of use.
- These terms and conditions of use apply to all users of the Hugstory website, without exception.
- Hugstory account
- To access some features of Hugstory, you must create a Hugstory account. When you create your account, you must provide accurate and truthful information.
- You may never use the site of another person or entity without permission.
- You are entirely responsible for any activities on your account and you must set a password to access your account in order to keep your account secure.
- You must inform Hugstory immediately of any security breaches in your account or fraudulent use of your account.
- Although Hugstory is not liable for your damages resulting from the use (authorized or unauthorized) of your account, you may be held liable for Hugstory's damages arising from (authorized or unauthorized) use of your account.
- General Use of the Hugstory Website - Permissions and Restrictions
- You agree to report any breach of these terms and conditions of use to Hugstory by email to info@Hugstory.com so that appropriated actions are taken and the safety of our community is kept intact.
- You agree not to advertise, except with respect to your business activities and in the designated area on your personal page. You cannot, however, aggressively or abusively solicit Hugstory users through the chatting or otherwise.
- You agree not to solicit users of the site without their prior written consent.
- You agree not to provide external links for third parties or services not related to your specific activities without the prior written consent of Hugstory.
- You agree not to use or operate any automated systems on the Hugstory website, including, without limitation, robots or spiders (except search engines) or offline readers or any other technologies that may submit more request to our server than a human could do in a given tim
- You agree to be registered with the Hugstory newsletter and to receive email communications from us.
- You agree to comply with the laws applicable to the province of Quebec or, if you reside outside the province of Quebec, to any other laws applicable to your jurisdiction.
- You agree not to collect personal information about users, including, but not limited to, user names, contact information and email addresses, for any purposes.
- You agree that Hugstory may at any time modify its site, change or cancel certain features or discontinue any aspect of its services offered, including a permanent termination of its activities without notice.
- You agree that Hugstory may interrupt its services for maintenance or technical problems.
- You agree to comply with the applicable laws to your commercial activities, including, without limitation, any licenses that may be required from time to time.
- You have not been convicted for any penal or criminal offenses related to animal abuse.
- You agree that the use of Hugstory requires an Internet connection and that charges for the use of Hugstory at home or on your mobile phone may be charged by your Internet service provider.
- Use of Content
The term "content" when used herein means any material that users may access on the site including, but not limited to, text, information, scripts, photos, sounds, videos, audiovisual combinations and interactive elements.
In addition to the general restrictions set out in section 5, these additional content-specific restrictions apply to all Hugstory users:
- You are solely responsible for the content you submit or broadcast on the Hugstory website and the materials required by such use. You accept responsibility and consequences for the content you make available on the Hugstory website.
- The music available on Hugstory is kindly provided by Bensound by the granting of a license, details of which are provided on this link: http://www.bensound.com/licensing The music available on Hugstory is available via this link http: //www.bensound.com/royalty-free-music.
- You agree not to modify or use the content of the website or the website itself in such a way as to distort or to defeat Hugstory’s values.
- You agree not to broadcast shocking, violent, degrading, dangerous content to animal well-being, inciting hatred, against Hugstory's values, indecent, offensive or abject.
- You confirm that you have the necessary rights, consents or licenses in connection with the content you broadcast.
- You agree not to use trademarks, copyrights, logos and any other intellectual property rights owned by Hugstory or any third parties without prior written consent.
- You possess all ownership rights in connection with the content you make available on Hugstory.
- You may not download, copy, reproduce, broadcast, transmit, display, sell, license or otherwise exploit any content from the Hugstory website unless expressly authorized in writing by Hugstory.
- You agree that Hugstory cannot guarantee or warrant the confidentiality of any content that you broadcast on the Hugstory website.
- You understand and agree that you are under no circumstances and under no conditions entitled to receive any monetary or other compensation from Hugstory or its users for content that you broadcast.
- For all content broadcasted through Hugstory, you grant a perpetual, irrevocable, worldwide, non-exclusive, licensable, transferable and royalty-free license to be paid by Hugstory for the use, reproduction and distribution by Hugstory of the content.
- By broadcasting content on Hugstory, you grant a non-exclusive license to access to Hugstory’s users.
- Your uploaded content must not contain any viruses, adware, spyware, worms, or any other malicious code or other content that may maliciously access confidential information.
- You agree not to pollute the Hugstory site with spam, unsolicited advertising, confusing metadata or attempts to scam.
- While you may delete content and it will be removed within a reasonable time period from the Hugstory website, you agree that Hugstory may retain the content on its servers without broadcasting it.
- You agree to use chatting in a respectful manner and reflecting Hugstory's values and not to make offensive, defamatory, degrading, insulting or otherwise inappropriate comments by Hugstory.
- Managing of User Accounts
- Hugstory reserves the right to decide whether or not content violates these terms and conditions of use either by offensive nature or violation of intellectual property rights.
- Hugstory may, at its sole discretion, erase content or disable user accounts found to be in breach of these terms and conditions of use, any policies or our values, without notice.
- Hugstory may disable the account of any user who is considered a repeated offender to these terms and conditions of use, without notice. However, a user may be banned from Hugstory after a single act of serious misconduct, without notice.
- Acts such as predation, threats, harassment, intimidation, invasion of privacy, defamation, disclosure of personal information, commission of violent or degrading acts, and breach of these terms and conditions are taken extremely seriously by Hugstory. Anyone who commits such acts or is found guilty of such acts may be banned for life from the Hugstory website, without notice.
- Warning and Acknowledgement
- By using the Hugstory site, you understand and agree that your use is at your own risk and that you will be exposed to a variety of content from a variety of sources.
- Hugstory does not endorse any content that is posted on its site and does not issue any opinion, recommendation or advice by making the content available on its site.
- Hugstory, its affiliates, directors, officers, employees, agents and representatives, makes no warranty or representation either regarding the accuracy of the content posted on its website, any third-party websites for which a link is provided on the Hugstory website, or for the availability of the Hugstory site in your area.
- Hugstory does not authorize in any way infringement of intellectual property rights owned by others.
- You understand and agree that Hugstory may exercise any and all legal remedies available against you for any violation that you may have caused by using the Hugstory website.
- Hugstory may contain external links to third parties’ sites that do not belong and are not controlled by Hugstory. Consequently, we encourage you to pay attention of the site you visit when you exit Hugstory and read carefully the conditions of use and policies of these external sites before you visit them.
- Limitation of Liability
None of the provisions of these terms and conditions of use, including the "Limitation of Liability" section, attempt to exclude liability that cannot be excluded under any consumer protection act.
To the extent permitted by the law, under no circumstances will Hugstory, its affiliates, directors, officers, employees, agents and representatives be liable for:
- Your use of our website or third-party website (including notably any virus that may be transmitted by our site or a third party and any content that will be broadcasted);
- Errors or inaccuracy of content;
- Any unauthorized access to our servers or any access to personal and confidential information that Hugstory holds;
- Any warranties related to any property acquired after visiting Hugstory;
- Interruption of our services for any reason whatsoever including without limitation any case of superior force (force majeure) such as a service failure, maintenance, connection problem, etc.
- Any termination of our services indefinitely.
YOU AGREE TO WAIVE ALL POSSIBLE REMEDIES AGAINST HUGSTORY IN CONNECTION WITH THE CONTENT THAT IS AVAILABLE ON THE HUGSTORY WEBSITE.
None of the provisions of these terms conditions of use including the "Indemnification" section tries to make you bear an obligation that cannot be borne by you under any law under any consumer protection act.
To the extent permitted by the law, you agree to indemnify and hold harmless Hugstory, its affiliates, directors, officers, employees, agents and representatives from and against any and all claims, suits and expenses (including judicial and extrajudicial fees) arising out of:
- Your use of the Hugstory site (including notably the content you broadcast);
- Your breach of these terms and conditions of use;
- Your violation of the law and infringement of the rights of third parties (including notably intellectual property or invasion of privacy).
The obligations under sections 9 and 10 (Limitation of Liability and Indemnification) will survive even if you have stopped using the Hugstory website and / or your account has been disabled.
You affirm either that you: (i) are major in your province or state of residence; (ii) are an emancipated minor; or (iii) are 13 years of age or older and have the legal consent of a tutor or your parents and are fully capable and able to accept and comply with these terms and conditions of use. If you have the legal consent of a tutor or your parents, it is important that you ask them to read these terms and conditions of use to make sure that you are able to comply with them. If in doubt, please do not use our Hugstory website.
- These terms and conditions of use shall be governed by the laws of Quebec and Canada, to the extent applicable. Any claim or legal action brought in connection with the Hugstory website shall be brought exclusively before a court of competent jurisdiction in the province of Quebec, judicial district of Montreal, Canada.
- These terms and conditions of use and any policies and other legal notices published on the Hugstory website constitute an entire agreement between you and Hugstory. The nullity of any part of these terms and conditions of use does not affect the validity of any other part of these terms and conditions of use which shall remain in full force and effect.
These terms and conditions of use and any rights or licenses granted by them may not be transferred or assigned by you but may be transferred by Hugstory without restriction or notification