Terms and conditions

1. Acceptance.
Welcome to www.unique-guides.com (the “Website”) owned and operated by Unique Microguides Inc. (“Unique, we, our”).

Please read these Terms of Use and the accompanying Privacy Policy carefully before using this Website and/or submitting any personal information that could identify you (including but not limited to name, address, telephone number and email address). By using this Website, you signify your agreement to these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and/or the Privacy Policy, do not use this Website.

2. Privacy and Personal Information.
For information on how Unique Microguides treats your personal information and protects your privacy when you use the Services, please read Privacy

3. Registration, Accounts and Passwords.
Certain of the Services and related features, such as account sign-up, the « your microguides » application made available over Unique Microguides web site and mobile application require registration. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration over at the website or application, and (b) all activities that occur under such password or account. Further, you agree to notify Unique Microguides or the applicable service provider of any unauthorized use of your password or account. Unique Microguides shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.

4. Rules and Conduct.
In consideration of the availability and your use of the Services, you agree, while visiting Unique, not to:
a. post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Unique or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying Unique, the Services or the Internet;
b. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
c. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
d. post, transmit, link to, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e. upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through Unique or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
f. impersonate any person or entity, including, but not limited to, a Unique Microguides representative or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity; and
g. use, reproduce, sell, resell or otherwise exploit Unique web site or any of the Services for any commercial purposes.

5. Monitoring.
You acknowledge that Unique Microguides has no obligation to monitor Unique or any content, products or services (collectively, “Content”) accessible through Unique or any of the Services. However, you agree that Unique Microguides has the right to monitor Unique electronically from time to time and to disclose any information as necessary to: (i) satisfy any law, regulation or other governmental or law enforcement request, (ii) operate Unique or any of the Services properly, or (iii) protect itself or its users in accordance with it’s privacy policy. Unique Microguides reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of the Terms of Use. You understand that by using the Services, you may have access to Content which may be offensive or objectionable to you. Under no circumstances shall Unique Microguides be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any use of, or access to, any such Content.

6. User Content.
In respect of any and all content you elect to publish and share on Unique which is accessible by the general public, you grant Unique Microguides a world-wide, royalty-free, nonexclusive, and unrestricted perpetual license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the specific Service to which such content was submitted. Such license shall apply with respect to any form, media, or technology now known or later developed and, subject to any specific terms that you may agree to in respect of a specific posting of content, shall terminate at the time you delete such content from the Service.
With respect to any and all content you elect to post or transmit using the Services, you agree that Unique Microguides may preserve and disclose any content associated with your account where required to do so as necessary to satisfy any law, regulation or other governmental or law enforcement request; or where such preservation or disclosure is reasonably believed by Unique Microguides to be necessary to ensure compliance with any law, regulation or other governmental or law enforcement request, to enforce the Terms of Use or protect the rights and interests of Unique Microguides or any other person.

7.Copyright and Trademarks.
All materials, including but not limited to images, audio and video clips,
animation, diagrams, photographs and any and all information of any kind in any form
(the “Materials”), incorporated into, published or otherwise exhibited on this Website are
protected by copyright or other intellectual property rights and are owned and controlled
by UNIQUE or third parties who have licensed UNIQUE the right to include the Materials in this Website. Any copying, reproducing, republishing, uploading, posting, modifying or
transmission or distribution of any Materials is strictly prohibited and will be considered a
violation of UNIQUE’s intellectual property rights and could result in legal liability and/or
criminal sanction.
You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Services or Unique. Further, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through Unique nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through Unique.

8. Service Modifications.
You acknowledge and agree that Unique Microguides reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Unique Microguides will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

9. Termination.
You acknowledge and agree that Unique Microguides, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Unique Microguides believes that you have violated any of the Terms of Use. You further agree that Unique Microguides shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Unique, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Unique Microguides in operating Unique and the Services, your sole and exclusive remedy is to discontinue using Unique and the Services.

10. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) UNIQUE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLEBASIS AND THAT UNIQUE MICROGUIDES MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTIONWARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) UNIQUE MICROGUIDES SPECIFICALLY MAKES NO WARRANTIES THAT UNIQUE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF UNIQUE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

11. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL UNIQUE MICROGUIDES, INCLUDING ITS AFFILIATES, SUPPLIERS AND CONTENT PROVIDERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER UNIQUE MICROGUIDES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR UNIQUE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR © ANY OTHER MATTER RELATING TO UNIQUE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

12. Indemnity.
You agree to defend, indemnify and hold Unique Microguides, its affiliates, suppliers, content providers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys’ fees, related to or in connection with your, or any user of your account’s: (a) violation of the Terms of Use, or (b) use of Unique or any of the Services, or © placement, posting or transmission of any message, information, software or other content on Unique or through any of the Services.

13. Miscellaneous.
This Terms of Use constitute the entire agreement between Unique Microguides and you pertaining to your use of Unique or any of the Services and supersede any prior agreements between you and Unique. The failure of Unique Microguides to insist upon or enforce strict performance of any right or provision of the Terms of Use shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms of Use shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein.

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© Unique Microguides, 2012 - Made possible through a financial contribution from A production

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