The purpose of these Conditions of Use is to set forth the terms and conditions governing the use of the website whoweare.ca, which may be accessed at the URL www.whoweare.ca and the French version of this Website, quinoussommes.ca which may be accessed at the URL www.quinoussommes.ca, heretofore referred to as whoweare.ca.
The Conditions of Use apply to all users of whoweare, including users who provide video footage and/or information, users who open a whoweare.ca Account (as defined below) and users who only view the videos made available on whoweare.ca (Users).
Any and all use of whoweare.ca, including opening a whoweare.ca Account (as defined below) and posting video footage, is subject to the terms of these Conditions of Use. These Conditions of Use constitute a binding contract between the User and Turbulent Média inc. (collectively TM). It is therefore important that you read them carefully. TM designed, produced and operates whoweare.ca, a Website where Web users may upload and, in this way, share Videos, text or photographs that paint a portrait of immigrants living in Canada or of individuals whose families immigrated to and settled in Canada (the Videos). TM commits to broadcasting the Videos through the whoweare.ca platform, subject to application of the moderation principles described in the present Conditions of Use. In compliance with customary practices on the Internet, the User agrees that TM reserves the right to include or link any advertising that it wishes to include on the Web pages where the Videos are broadcast. Users declare that they have been informed that during the Beta phase of whoweare.ca Videos may be submitted but will not be posted on line until the launch of the official Website has taken place, on a date that has not been announced. For promotional purposes, for the Beta version of whoweare.ca, some Videos, selection of which is at the sole discretion of TM, may nonetheless be posted on line for a limited time. Users declare that they have been informed of the lack of reliability of the Internet network, including in regard to the security of data transfer, the absence of a guarantee governing access to whoweare.ca and the lack of a guarantee governing performance in terms of volume and speed of data transmission.
2. Acceptance and Modification of the Conditions of Use
By using whoweare.ca you signify that you agree to the present Conditions of Use. The User acknowledges and accepts that TM may consider the use of the whoweare.ca Website as a tacit acceptance of the Conditions of Use, effective immediately upon the very first use of the Website.
TM reserves the right to modify the present Conditions of Use at any time. Each new version of the present Conditions of Use shall be posted on line at whoweare.ca. The User is responsible for consulting these Conditions of Use regularly. The User acknowledges and accepts that by continuing to use whoweare.ca after any modification of the Conditions of Use, he tacitly signifies that he has accepted the modifications to the Conditions of Use. Moreover, TM reserves the right to upgrade whoweare.ca and the services offered on whoweare.ca. Technical modifications may occur without prior notice by TM. TM also reserves the right to permanently cease operation of whoweare.ca and the services offered on whoweare.ca without warning or compensation of any kind.
3. The whoweare.ca Account
To upload a Video to whoweare.ca, Users must create a whoweare.ca account by filling in the form on the Webpage entitled Sign up for a whoweare.ca Account (The whoweare.ca Account). Users who create a whoweare.ca Account must provide information that is complete and accurate. It is important for whoweare.ca Account holders to keep their password safe and confidential. By opening a whoweare.ca Account, the User acknowledges that he is solely responsible (towards TM and any other party) for any activity conducted through his whoweare.ca Account. If a User becomes aware of a breach of security at whoweare.ca or an unauthorized use of his whoweare.ca account, he must immediately notify the whoweare.ca administrative staff by clicking on Contact us.
When a User completes the sign-up procedure, he is assigned an Account in which all of his Videos are catalogued, as well as a storage space so that his Videos may be hosted on the servers of whoweare.ca. TM reserves the right, for maintenance reasons, to temporarily suspend access to whoweare.ca by the whoweare.ca Account holder without prior notice, and this interruption of service shall not entitle the user to any indemnity. Users are informed that the storage space allotted to them for hosting their Videos is unlimited, unless this policy is changed at a later date. The maximum file size of an uploaded Video is 150 MB. It is expressly mentioned, however, that TM reserves the right, for technical reasons, to modify the amount of storage space allotted to Users, subject to notification by email if such changes are implemented. The parties expressly agree that in no case does TM offer Video backup services for Users hosted on its servers and can in no case be held liable for the loss of these Videos. TM advises Users to always keep a copy of their Videos on another storage medium. During the Website's Beta phase, the Videos will not be available for viewing, but when the official Website has been launched, the Videos will be filed and accessible on whoweare.ca according to keywords, country and User. whoweare.ca will have implemented a search engine for retrieving the Videos.
TM advises Users to exercise caution should they decide to use an email address as a User name or in their Videos to avoid spamming by unscrupulous Web surfers or cyber merchants. Users may stop using whoweare.ca, or they may elect to remove their Videos from the Website by informing TM by email (click Contact us) that they wish to delete said Videos. There will then be a delay of 48 hours before the Video is deleted from the Website.
4. Terminating Use of whoweare.ca
Should the User violate the terms of the Conditions of Use, TM reserves the right, ipso jure and without prior notice, to suspend said User's access to whoweare.ca and, in particular, to disconnect the space provided to the User for storage of his Videos from the Internet and, furthermore, to delete said User's Videos. Moreover, in cases of notification by other Users that a User is using whoweare.ca in a manner likely to injure third parties or that are contrary to public order, regulations and legal provisions, or to the present Conditions of Use, TM reserves the right to remove illicit Videos from whoweare.ca at any time, or to terminate the User's whoweare.ca Account without notifying said User and that such acts by TM do not entitle the User to any indemnity whatsoever. In all cases, and without mitigating the general coverage of the present Conditions of Use, the User's obligations consequent on the presents shall remain in force as long as the User continues to connect to whoweare.ca, to upload Videos to whoweare.ca, to use the services offered on whoweare.ca and/or as long as the User holds a whoweare.ca account.
Notwithstanding termination of use of whoweare.ca by a User, all rights, obligations and responsibilities that TM has enjoyed or by which the User has been bound, or that are set forth to last in perpetuum shall not be affected by said termination of use and shall continue to be in force in perpetuum.
5. Restrictions on Use of whoweare.ca
TM hereby authorizes Users to access and use whoweare.ca, subject to observance of the following terms and conditions. The User is solely liable towards TM and any other third party, where applicable, for any breach of obligations under the provisions of the Conditions of Use and for the consequences of such a breach, including losses and monetary damages incurred by TM and/or its affiliate companies. Failure by a User to comply with any of the conditions set forth in the presents shall constitute a breach of the present Conditions of Use and may lead, among other consequences, to termination of the User's whoweare.ca Account, as stipulated in the section of the present document entitled Terminating Use of whoweare.ca. The User must not, without restrictions on this prohibition, do any of the following:
- Submit a Video that does not paint a portrait of immigrants living in Canada or of individuals whose families immigrated to and settled in Canada.
- Upload Videos containing or expressing offensive discourse or inciting racism, fanaticism, hate and/or physical violence against any group or individual.
- Post on line Videos containing discourse characterized by harassment and/or engaging in violent or sexual exploitation of human individuals.
- Present or use false or misleading information or information describing illegal activities or harmful behaviours that are abusive, threatening, obscene or slanderous.
- Express opinions in a defamatory or libellous manner.
- Post on line information or statements that infringe upon an individual's right to privacy.
- Resell or distribute all or part of whoweare.ca on any known or as yet undiscovered platform, without the prior written consent of TM, including but not restricted to the Videos.
- Alter or modify any portion of whoweare.ca.
- Access the Videos or any other Videos available on whoweare.ca by means of a device or technology other than the embedded viewing tool available through whoweare.ca itself.
- Attempt to work around, deactivate or disrupt in any other way any functionality of whoweare.ca pertaining to security or any functionality that (i) prevents or impedes the use of the Videos or of any other Videos available through whoweare.ca or (ii) imposes limitations on the use of whoweare.ca or the Videos accessible through whoweare.ca, including the Videos.
- Use or run an automated system (including but not restricted to Web robots, wanderers, spiders or offline readers with access to whoweare.ca) that sends more request messages to the whoweare.ca servers for a given period of time than a human could reasonably be expected to produce in the same period using a conventional (that is to say, unmodified) online Web browser available for public consumption.
- Collect, solicit or gather data of a personal nature on any whoweare.ca User (including the name or password of whoweare.ca Account holders).
- Access Videos for any reason other than personal, non-commercial use, as intended and authorized by normal functionality of whoweare.ca.
- Upload a photograph or any other likeness of another person without that person's consent.
- Use the services of whoweare.ca for commercial purposes, including posting advertisements or soliciting any User without the prior written consent of TM.
- Use any information obtained through whoweare.ca to harass or mislead another person or to otherwise harm that person.
- Harm whoweare.ca, TM or TM affiliates, partners, clients or management staff.
- Transmit undesirable junk email.
- Disassemble or decompile the software used on whoweare.ca.
- Deteriorate, overload or damage whoweare.ca services.
- Abet or encourage illegal activities or provide instructions pertaining to illegal activities.
- Mask advertising banners on any page of whoweare.ca.
- Usurp the identity of another person.
- Post on line Videos comprising a Video that he is not legally authorized to possess in his country of residence or that TM would not legally be able to use or own.
- Upload Videos including a hyperlink to another Website containing Videos that countervene the restrictions listed above.
All individuals who submit or appear in a Video must be at least 14 (fourteen) years of age.
6. Moderation Principles of whoweare.ca
The aim of TM is for whoweare.ca to become a forum for creation and sharing. Users are expected to be polite and respectful. Each User is expected to make his contributions, without prejudice and with a respectful attitude towards other Users.
The online Video posting service is available only to Users who have opened a whoweare.ca Account. TM has elected to moderate the Videos in order to ensure that Users respect the characteristic nature of whoweare.ca along with the freedom of expression of other Users. Videos will be posted on line with a slight delay for purposes of moderation by whoweare.ca administrative staff and for purposes of conversion to the broadcast format chosen by whoweare.ca administrative staff. TM does not undertake to modify the Videos (except to add a watermark), nor to exercise arbitrary editorial selection of the Videos not based solely on adherence with the law. The basis of moderation of the Videos remains common sense and observance of the law. While the moderation principles favour Users' freedom of expression, Users must act responsibly and ensure that fundamental regulatory and legal measures, including these Conditions of Use, are observed. The User is hereby informed that whoweare.ca administrative staff may delete any Video that fails to comply with applicable regulatory and legal provisions, including the Conditions of Use. TM shall not undertake to make any minimal or substantial modification of Users' Videos. Users who are taken aback or offended by the content of a Video may address the moderator directly or write an email to the whoweare.ca administrative staff by clicking Contact us.
7. The Videos
TM does not guarantee the confidentiality of the Videos, whether or not said Videos are posted on line. If a User becomes aware of a Video or Videos that violate his copyright or that of a third party, he must inform whoweare.ca administrative staff by clicking Contact us.
The User retains all intellectual property rights to his Videos. However he is required to assign limited rights to whoweare.ca and to other whoweare.ca Users, as set forth below in the section entitled Assignment of Rights to the Videos.
The User declares and warrants that he owns or has (and will continue to own or have throughout the period during which the Videos are posted on line) all necessary rights, licenses, consents and permissions such that TM may use his Videos on whoweare.ca and for all other purposes set forth in these Conditions of Use.
The User agrees not to upload Videos to which third parties hold property rights (including privacy and publicity rights), unless he has obtained formal written permission or authorization from the rightful owner to post the material and to grant TM all of the license rights granted herein.
By posting a Video on line, the User acknowledges and accepts that he is solely responsible for his own Videos and for the consequences of posting or publishing them. While TM moderates Videos posted on line, it does not endorse any Video, opinion, recommendation or opinion expressed in a Video and expressly disclaims any and all liability in connection with these Videos or their broadcast.
TM does not acquire ownership rights to the Videos. By rendering a Video accessible to other Users, the User signifies his acceptance that these Users are entitled, free of charge and for strictly personal purposes, to view these Videos on whoweare.ca or via whoweare.ca on other electronic communications devices (such as mobile telephones) throughout the period during which these Videos are hosted on whoweare.ca. If a User wishes to use another User's Videos for any other purpose, such as commercial use, it is incumbent upon him to obtain the necessary permissions from said User. Moreover, as long as a User's Videos are hosted on whoweare.ca, and exclusively restricted to the framework of functionality used to make whoweare.ca accessible via Internet or electronic communications devices, the User authorizes TM to reproduce and/or represent his Videos and, insofar as needed, to adapt these Videos to this purpose. The User is furthermore informed that, in consideration of the intrinsic characteristics of the Internet, transmitted data, in particular the User's Videos, are not protected from the risk of hijacking and/or pirating and that TM disclaims any and all liability for such acts. It is the responsibility of each User, as appropriate, to take all necessary precautions to protect his Videos.
The User violates the rights of an individual if he publishes, distributes, copies, reproduces or makes public in any fashion, in whole or in part, a Video belonging to a third party, without having obtained the prior authorization to do so. Publishing, distributing, copying, reproducing or publicizing any Video or work belonging to a third party on whoweare.ca is therefore prohibited. If the User excerpts works by a third party in his Video, he shall be responsible for citing the source and the name of each author.
TM reserves the right (but is not obligated) to decide whether the Videos meet the requirements related to Videos specified in these Conditions of Use and to remove any and all Videos that violate these Conditions of Use and/or to terminate a User's access for the purposes of such a Video at any time, without prior notice and at their sole discretion, in compliance with the whoweare.ca Moderation Principles described herein.
The User also acknowledges that simply by using whoweare.ca he may be exposed to Video content that is inaccurate, shocking, indecent or reprehensible in some way. The User hereby expressly agrees to waive any rights or recourse that he might have in light of the law or principles of fairness towards TM in connection to the Videos.
8. Assignment of Rights to the Videos
The User, in his capacity as owner of the intellectual property rights to the Videos, assigns to TM and all companies affiliated with TM, without financial compensation, throughout the duration of these rights, worldwide, non-exclusive, assignable rights (excepting television production rights, which are exclusive), including the right to sub-license the rights listed below, to:
- Use the Videos commercially, non-exclusively, throughout the copyright coverage period, as is or shall be set forth in current or future law, worldwide.
- Make technically necessary modifications in order to exercise their rights in other technical processes and formats, such as digital conversion, prior to posting the Videos on line.
- Reproduce the Videos in whole or in part, without restrictions on number, on any medium known or unknown now or in the future, with TM retaining the possibility to reproduce all or part of the Videos to reformat them for other electronic or audiovisual communications services.
- Adapt the Videos in whole or in part on any medium known or unknown now or in the future, assemble the Videos, integrate them in whole or in part into or towards a pre-existing or future work on any and all current or factual media, known or unknown. Adaptation rights also include the right to translate or modify the Videos in whole or in part into any language and the rights to reproduce the resulting translations on any and all media covered herein.
- Broadcast the Videos in whole or in part on any medium or by means of any process or means of communication whatsoever, known or unknown at this time, with the exception of television, directly or through the agency of a third party. Without restricting the general nature of the rights listed in this Section, at the time of publication of any Video on or through the agency of whoweare.ca services, the User hereby assigns TM the right to use, modify, reproduce and publicly broadcast said Videos through any and all broadcast, telecommunications and Internet networks, through the agency of or in collaboration with a partner of TM, including during programs produced by TM or its affiliated companies.
- Assign rights assigned by these Conditions of Use, in whole or in part, temporarily or permanently, in any form whatsoever and, in particular, through assignment, licensing, or any type of contract, in any form.
- Use, reproduce, distribute, represent and run the Videos and to create derivative works, including, without restriction, for promotion and redistribution, in whole or in part, of whoweare.ca (and any resulting derivative works), in any format and on any medium.
- Use the Videos through telecommunications media, in particular television. You assign to TM irrevocable, exclusive and perpetual license, applicable worldwide, authorizing TM to use, reproduce, store, modify, transmit, distribute, produce in public or broadcast the Videos on television and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. TM's license to modify such Submission is limited to modifying the Submission to fit the format or technical requirements of the whoweare.ca Television program or any other derivative program. Should one or more of your Videos be used on television, TM promises to pay you a flat fee of $250 CAN according to the following terms. TM will contact you 20 days prior to broadcast of your Video(s) to initiate this transaction. Moreover, you waive all moral rights to the Videos in favour of TM. You consent to having your name appear as the author of the Videos, where applicable, and to the broadcasting of such information and any and all other information appearing in the Videos. You acknowledge and agree that TM is not responsible for any loss, damage or corruption that may occur to your Videos and acknowledge and agree that any Videos you provide will be considered non-confidential.
9. whoweare.ca Videos on the Website
The views, discussions, opinions and content contained on this site do not belong to TM. With the exception of the Videos, any other Videos available on whoweare.ca, including but not restricted to text, software, scripts, graphical content, photographs, sounds, music, Videos and interactive functions present on whoweare.ca (whoweare.ca Videos) are the property of TM or are licensed to TM; they are protected by copyright, trademark and all other intellectual property rights held by TM or its licensors. All third-party trademarks found in whoweare.ca Videos are trademarks held by their respective owners.
whoweare.ca Videos may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or used in any other way or for any other purpose whatsoever without the prior written consent of TM. TM reserves all rights not expressly assigned on whoweare.ca Videos.
10. Defamation, Hate Propaganda, Invasion of Privacy and Infringement on Rights of Publicity
All persons are entitled to their reputation and their privacy. It is therefore prohibited to use a person's name, image, likeness or voice without that person's authorization for any purpose other than legitimately informing the public. It is also prohibited to allege or insinuate events that may besmirch a person's reputation without first checking the accuracy of these events.
11. Personal Information
12. Links from whoweare.ca or from the Videos
whoweare.ca and the Videos may contain hyperlinks to other Websites that do not belong to TM or that are not under TM control. TM does not monitor the Videos, personal data protection charters or practices of third-party Websites and disclaims any responsibility for their content or policies. TM is not responsible for the availability of these external Websites and resources and does not endorse advertising, products or other materials found on or accessible from these external Websites and resources. TM cannot be held liable for any loss or damage that a User might suffer due to the availability of these external Websites and resources or due to the trust that a User might place in the thoroughness, accuracy or existence of any advertising, product or other materials on or accessible from these Websites or resources.
13. Responsibilities Connected to the Videos
By uploading a Video, the User declares and guarantees to TM that (i) he is the owner of the uploaded Video or that he is entitled to upload said Video; (ii) uploading the Video does not violate any rights to privacy, reputation, publicity, intellectual property rights (including copyright) or any other rights of any persons. TM has no obligation to modify any Video, despite the fact that the whoweare.ca administrative staff may, at any time and at their sole discretion, monitor the uploaded Videos and take action against a User who has uploaded an illicit Video by closing his whoweare.ca Account or simply by deleting the Video that violates the terms set forth in the presents.
14. Warrantees of the Videos by the User and Compensation
The User is solely responsible for his own Videos. TM takes no responsibility, editorial or otherwise, for these Videos. The User warrants TM against any legal action that might be taken against them, in particular in regard to the Videos and to presentation of the User's Videos. The User shall make it his personal business and take up the defence of TM and/or its affiliate companies, in regard to any claims and/or procedures of any form or natures, filed against TM and/or its affiliate companies directly or indirectly related to the Videos on whoweare.ca. Towards this end, the User shall pay directly to the perpetrator of any claims all amounts claimed from TM and/or its affiliate companies, and indemnifies and holds harmless TM and/or its affiliate companies for any convictions that might be declared against them on such occasion.
15. Warrantee Disclaimer
whoweare.ca and the services offered on whoweare.ca are provided as is, and TM disclaims all warranties thereof, express or implied. In particular TM disclaims any statements or warranties to the effect that:
- The use of whoweare.ca and the services offered on whoweare.ca will meet the needs of Users;
- The use of whoweare.ca will be uninterrupted, timely, secure or free of errors;
- any information that the User obtains by using whoweare.ca or the services offered on whoweare.ca will be accurate or reliable.
subject to the guarantees expressly stated in the present Conditions of Use, no conditions, guarantees or other measures (including any implicit guarantees of satisfactory quality, suitability to a particular usage or adherence to a description) apply to whoweare.ca, to the Videos posted by Users or provided by whoweare.ca or to the services offered on whoweare.ca.
16. Limitation of TM Liability
The parties expressly agree that the sole obligation of TM for execution of these Conditions of Use is an obligation of means, including moderation of the Videos broadcast on whoweare.ca. The User acknowledges that he uses whoweare.ca and the services offered on whoweare.ca at his own risk and furthermore that the User is solely responsible for making any and all necessary verifications, in particular prior to uploading the Videos. TM disclaims all liability for Videos uploaded by Users as well as for tags selected by same. TM furthermore disclaims any liability for any difficulties broadcasting the Videos or, more generally, for any disruption of the Internet network affecting the use of whoweare.ca or the services offered on whoweare.ca, in particular the viewing of Videos. The User expressly acknowledges that TM, by informing the User through these Conditions of Use of whoweare.ca, has met all obligations to advise and inform in regard to the characteristics of whoweare.ca and the functionality made available. TM disclaims, in any case, all liability for indirect damages and shall not be held responsible for repairing indirect damages, such as financial or commercial loss, loss of clientele or shares, any commercial disturbance whatsoever, rises in costs or other general expenses, loss of benefits, loss of brand image, loss of Videos data or files that might occur as a result of difficulties connected to transmission, reception and broadcast of Users' Videos. Any action taken against the User is deemed to be indirect damage and, consequently, does not entitle the User to redress. The User is solely responsible for the personal information he provides in order to access and use the services.
Without restricting the general coverage of the preceding paragraph, TM and its affiliate companies disclaim all liability for loss or damages that he might suffer due to:
- The trust that a User might place in the thoroughness, accuracy or existence of any advertising or arising from any relations or transactions between the User and any of the advertisers or sponsors whose advertising appears on whoweare.ca;
- Any change that TM might make to whoweare.ca or any temporary or permanent deletion of whoweare.ca;
- Deletion, corruption or storage failure of Videos and other communication data stored or transmitted through the use of whoweare.ca;
- Failure by the User to provide TM or whoweare.ca administrative staff with precise information pertaining to his whoweare.ca Account;
- The User's inability to keep his password or the information in his whoweare.ca Account safe and confidential.
The limitations on the liability of TM in regard to the Users set forth in the preceding paragraphs shall prevail, notwithstanding whether TM has been notified or should have been aware of the likelihood that such losses might occur.
TM disclaims any liability should a User find it impossible to use whoweare.ca or the services offered on whoweare.ca, whatever the reasons for this state of affairs might be.
The present general Conditions of Use cannot be assigned by the User, in whole or in part, for consideration or free of charge. TM may assign to the legal entity of its choice all or a portion of its rights and obligations set forth in the present general Conditions of Use, without prior notice to the User.
18. General Provisions
The present Conditions of Use constitute the entire agreement between the User and TM governing the use of whoweare.ca and the services offered on whoweare.ca.
The User agrees that TM or the whoweare.ca administrative staff may communicate with him by email. If TM does not exercise or bring to bear any rights set forth in the present Conditions of Use (or to which TM is entitled by virtue of any and all applicable laws), this does not entail a formal waiver of these rights by TM, and these rights and recourse shall remain valid and applicable for TM.
Every company affiliated with TM is considered to be a third-party beneficiary of the Conditions of Use. These other firms are authorized and entitled to bring to bear and fall back on these Conditions of Use, of which they are beneficiaries.
whoweare.ca is audited, operated and administered from our offices located in the province of Quebec. We disclaim any warrantees or statements that the materials found on whoweare.ca are appropriate or available, for the purposes of the use of the Website, in locations outside Canada. If you access whoweare.ca from outside Canada, it is your responsibility to observe all local laws.
The present Conditions of Use shall be interpreted and governed according to laws in force in the province of Quebec, without regard for this province's rules governing conflicting laws, save cases of prohibition in accordance with obligatory provisions of applicable laws in your territory. The parties agree that any action, suit or procedure arising from or connected to the present Conditions of Use shall be brought in the Montreal judicial district or, if no jurisdictional expertise exists, in the province of Quebec. Each party hereby agrees to abide by the powers of the courts of Quebec and waives any objection based on the location of such actions, suits or procedures. If for any reason a court of competent jurisdiction determines that one or any portion of one of the provisions of the present Conditions of Use is illegal, null or inapplicable, this provision shall be executed to the fullest permissible extent so as to give effect to the intent of the present Conditions of Use, and the remaining provisions of the present Conditions of Use shall remain in force. The present Conditions of Use constitute the entire agreement between the User and TM governing the use of whoweare.ca and the services offered on whoweare.ca. This contract shall not be modified except by written agreement accepted and signed by both parties.
French shall be the language of this Site and all transactions occurring in connection with this Site. The parties waive any right to use and rely upon any other language, or translations.
The masculine gender designates both masculine and feminine genders, and the singular case includes the plural case. This choice is made for the sole purpose of optimizing readability.