Terms and conditions

Introduction

Les Éditions CEC inc. (“CEC”) operates the MyCECZone service (the “Platform”) on the www.myceczone.com website. The Platform enables teachers, professors, pupils and students to consult and personalize CEC’s digital material. The Platform is also a work area that allows users to personalize and share specific content, including, in particular, texts, photographs, images, illustrations, audio clips, video clips, animation, and interactive activities (collectively referred to as the “Elements”).

This contract (the “Contract”) sets out the terms of use of the Platform and constitutes a legal agreement between the natural person (namely the User, as defined more fully below) who uses the Platform and CEC. Any version of this Contract amended by the User shall be invalid and inapplicable.

Unless otherwise indicated, this digital MyCECZone platform and its content are the property of Les Éditions CEC inc. The Platform (as defined below) and its Content (also as defined below) are protected, in particular under Canadian and international copyright and trademark legislation. In accessing the Platform, the User confirms that he or she agrees to these terms and conditions. If the User disagrees with these terms and conditions, he or she shall not be entitled or permitted to proceed with accessing the Platform.

CEC does not make any representation to the effect that the Platform Elements may be used in locations other than Canada and it is forbidden to access the Platform from territories in which the legislation stipulates that the use of the Platform and the Elements is illegal. Users who choose to use the Platform do so on their own initiative and are responsible for complying with all applicable local laws. Any claim in respect of the Platform and the Elements, or arising from the use of the Platform, shall be governed by the applicable laws of the province of Québec.

TERMS OF USE

DEFINITIONS

For the purpose of this Contract, the following terms shall have the following meanings:

CEC: Les Éditions CEC inc.
Class Licence: Licence granted to a teacher for a particular Content Element for his or her own use and for screening in class for his or her students.
Content: Any content obtained from CEC.
Contract: The contract entered into between the User and CEC.
Platform: The digital MyCECZone platform.
Prohibited Content: Any content that is fraudulent, inaccurate, illegal or in violation of anyone’s rights, harassing, abusive, defamatory, vulgar, obscene, pornographic, indecent, in violation of third-party privacy, racist or otherwise reprehensible. For greater clarity, prohibited content also includes any content containing any virus, Trojan horse or other program or file intended to cause damage to the Service and/or any computer, communication system, computer network, confidential information or data.
Service: The service provided to the User by CEC for the term of any a licence for a particular Content Element.
User: Any natural person residing in Canada who obtains the Service strictly for personal purposes or any legal person that obtains the Service for use by its employees or students strictly for educational or training purposes.

CONTENT

For all content for which the User has legally obtained an activation code issued by CEC, the User is granted either an individual licence (without screening rights) or a class licence (with screening rights) which is limited, non-exclusive and revocable authorizing the User to use the selected Content for personal, non-commercial purposes. In so doing, the User is not authorized to remove or change in any way whatsoever a trademark, copyright or proprietary notice.

OBLIGATIONS AND RESPONSIBILITIES OF USER

The use of the Content requires compatible devices, Internet access and specific software and may periodically require updates or upgrades. The use of the Content may be affected by the performance of such hardware, access, software, updates or upgrades.

The User agrees that he or she is responsible for complying with these technical requirements, which may be modified from time to time.

The User acknowledges that the Content may include security elements that limit the use of the Content. Any such security technology constitutes an inseparable part of the Service and the Content.

The User acknowledges that he or she is responsible for complying with the applicable laws and regulations in respect of the use of the Service and the Content, including, in particular, laws and regulations in respect of intellectual property.

The User may not use the Service or the Content or allow it to be used by anyone whomsoever for a purpose or in a manner contrary to law or to this Contract or in such a way as to prejudice CEC or third parties, including any other user of the Service.

Unless otherwise expressly provided for herein, it is strictly forbidden for the User:

  • to modify, copy, reproduce, record, make available to the public, distribute, transmit, disseminate, licence, sell, rent, adapt, use to create derivative works, or use, republish or operate for commercial purposes or in any other manner in whole or in part, the Service or Content Elements provided (namely the sound recordings, images or texts), or update the documents included on the Platform without the prior consent of CEC;
  • to decompile, disassemble or modify the application software, the Service or any part thereof or to create derivative works therefrom;
  • to access or bypass any technology that is the property of CEC or its licensors, via the Service;
  • to bypass any territorial restriction;
  • to copy, post or transmit Prohibited Content via the Service.

No intellectual property right or other rights in respect of the Platform shall be transferred to the User.

In addition to the foregoing, the User undertakes to take all necessary precautions to prevent the unauthorized use of the Service and its Content.

CEC DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING THE PLATFORM, THE SERVICE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE AS IS. CEC SHALL NOT BE LIABLE FOR ANY WARRANTY IN RESPECT OF THE PLATFORM, WHETHER IMPLICIT OR EXPLICIT, INCLUDING IN PARTICULAR ANY IMPLIED WARRANTY OF TITLE, ABSENCE OF COPYRIGHT INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, CEC DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO WHETHER THE INFORMATION ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER WEBSITE LINKED THERETO IS ACCURATE, COMPLETE OR UP TO DATE. It is the responsibility of the User to evaluate the accuracy and integrity of the information, notices and other documents on the Platform or on a website linked thereto. Prices may be changed with prior notice.

No information or advice, oral or written, obtained by the User from CEC shall create any warranty from CEC in respect thereof.

To the fullest extent permitted by applicable laws, CEC and its employees, agents, suppliers and subcontractors shall not under any circumstances be liable for claims, costs, requirements, damages, obligations, losses or expenses regardless of the nature thereof or reason therefor, including, in particular, compensatory, incidental, direct, indirect, special, punitive or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profits, loss of property or damage caused thereto, claims by third parties or other losses of any nature or character whatsoever, even if CEC was advised of the possibility of such losses or damages, resulting from or involving the use of the Platform or a website to which it is linked. The User assumes full responsibility for implementing the procedures it deems necessary for data backup and virus checking.

Screening Right

No product intended for students may be screened publicly by any means of telecommunication of sound, image, text, data or message of any nature in class or in a public room. Products intended for students entitle the User strictly to an individual licence.

Nevertheless, upon purchase of certain products intended for teachers, the User may obtain a class licence which provides authorization to screen the work to groups of students in class by any means of telecommunication of sound, image, text, data or message of any nature in class or in a public room. This right is clearly identified and described in the User library.

Shared Content

Insofar as certain sections of the Platform offer Users the option of posting and exchanging information, documents (texts, sound documents, photographs, illustrations, videos and other documents), ideas and opinions, CEC HAS NO OBLIGATION TO SCREEN, EDIT OR REVIEW SAID CONTENT PROVIDED BY USERS BEFORE IT IS PUBLISHED ON THE PLATFORM and said content does not necessarily reflect the opinion of CEC. To the fullest extent permitted by applicable laws, CEC shall not under any circumstances be liable for content provided by users or for claims, damages or losses arising from the use of said content and/or from its presence on the Platform.

CEC reserves the right to monitor the content shared among users and to remove such content if CEC deems it, at its sole discretion, offensive or non-compliant with these terms of use.

The User hereby represents and warrants that he or she holds the necessary rights for all the shared content that he or she provides and all the material it contains, that his or her shared content does not adversely affect the exclusive rights or other rights of third parties, that his or her shared content does not contain any virus or other infectious or destructive program or ware, that his or her shared content does not contain any element or content that is defamatory, indecent, shocking, delictual or illegal in nature and that his or her shared content is not used to carry out or solicit illegal activities or for commercial solicitation purposes. The User hereby authorizes CEC to use and/or permit third parties to use, in whole or in part, his or her shared content in any manner or format or on any medium that CEC or any other party deems necessary. The User undertakes not to file any complaint or initiate any proceedings against CEC for prejudice of a proprietary right in the shared content.

SERVICE WARRANTY

CEC shall make reasonable efforts to ensure that the Service remains operational, but cannot guarantee that the Platform will be accessible at all times, without interruption, and that it will be error-free. Certain technical difficulties or maintenance operations may cause temporary interruptions at times.

CEC reserves the right to suspend or limit the availability of the Platform without prior notice in order to allow for the regular maintenance, improvement or updating of the Platform. The User may not hold CEC liable for any damages that he or she may suffer following such suspension or limitation of the Platform availability.

Furthermore, CEC shall not be liable toward the User or anyone else whomsoever for damages that may arise from the inaccessibility of the Platform or from difficulties the User experiences in accessing or using the Platform because of, in particular, a service interruption, network failure, improper functioning of any computer component or software, or faulty, incomplete or incomprehensible transmission, whether brought to the attention of CEC or not.

INDEMNIFICATION

The User hereby agrees to indemnify CEC and relieve it of any liability in respect of claims, costs, requirements, damages, obligations, losses or expenses regardless of the nature thereof or the reason therefor (including, in particular, legal or professional fees, the cost of defense or claim proceedings, any loss of profit or clientele, and any other direct or indirect loss), incurred or suffered by CEC, directly or indirectly because of any act or omission by the User in violation of these terms and the obligations and warranties they contain.

CEC Source Code Protected

The entire Platform source code is protected by copyright, whether in HTML, JavaScript, Flash or another language.

Hypertext Links

Potential links from the Platform to the websites of third parties do not mean that CEC approves the content of such websites, or the products, services or documentation available thereon. Furthermore, the content available through such hypertext links is not subject to CEC policies and the User consequently assumes the risks associated with the use he or she makes thereof. CEC does not assume any liability for the content of third-party websites, including for the legality, accuracy, reliability, completeness, timeliness or appropriateness of the content of such websites. Links to such websites do not in any way mean that CEC supports or recommends the products, services or information presented thereon.

A third-party website may contain a personal information protection policy that differs from that of the Platform and may offer less security than the latter. CEC does not assume any liability if the User accesses third-party websites through the Platform. When the User accesses a third-party website, he or she does so at his or her own risk.

CEC reserves the right to examine the links to third-party websites, to re-examine them from time to time and to remove any link it deems inappropriate, without prior notice.

Registration and creation of User account

Registration for the Platform is free.

In filling out the registration application, the User declares that he or she is authorized to open an account, understands the terms of use set out in this Contract and agrees to be bound by them in using the Platform, Services and Content Elements to which the User may subscribe from time to time. The User undertakes to open a single account, failing which CEC reserves the right to remove any additional account, at any time.

To open an account, the User shall provide true, accurate, complete and up-to-date information. If CEC has reasonable grounds to believe that the information the User provides is inaccurate, incomplete or outdated, CEC has the right to suspend or terminate the User’s access to the Platform. Provision of false information when the User’s account is created, either deliberately or for fraudulent purposes, may have legal consequences.

Once registered on the Platform, the User is responsible for keeping his or her identity, account information and password confidential, and for restricting access to his or her computer, and the User undertakes to assume responsibility for the Elements assigned to his or her account. In the event that the confidentiality of this information is compromised, the User shall notify CEC client services thereof as soon as possible in order to avoid potential fraudulent use of his or her identity. CEC shall not be liable for any loss or damage resulting in particular from failure to comply with the security measures set out in this section.

The User is advised to carefully read the limitation of liability included in these terms of use in order to become aware of the extent of his or her liability in respect of the Platform use.

Only competent natural persons of age may become Users. Minors may access the Platform strictly with the consent of their legal representatives. If CEC has reason to believe that someone is under age and that his or her legal representatives have not consented to his or her registration, the User shall be requested to provide proof of age or the consent of his or her legal representatives. If CEC fails to receive the requested information within a reasonable period, it may immediately terminate the User’s registration.

Term

This Contract shall come into effect as soon as the User begins to use the Elements offered by the Platform and shall remain in effect for the term the User selects when he or she subscribes to each Content Element.

PERSONAL INFORMATION AND CONFIDENTIALITY POLICY

This Contract is subject to the Declaration of Confidentiality which is found here: Privacy Policy

CEC may display links to third-party websites. Please note that CEC cannot control the privacy protection policies of such websites or shall not be liable for them.

AMENDMENTS

CEC reserves the right to amend the terms of this Contract without prior notice. It is the responsibility of the User to check the terms hereof before using the Platform or Service or accessing any Content.

MISCELLANEOUS

The User undertakes to comply with the applicable laws and regulations as well as the present terms of use of the Platform, Service and Content.

The User acknowledges and agrees that the Platform, Service and Content belong to CEC and its licence holders or content providers and that they are protected by intellectual property law (including copyright and trademarks law) and any other law.

This Contract shall be interpreted in accordance with the laws in effect in the province of Québec.

The User may not assign this Contract and any such assignment shall be null and void. CEC is authorized to assign all or a portion of its rights or obligations hereunder without the User’s consent.

This Contract sets out all the provisions agreed upon between the User and CEC in respect of the subject matter hereof, and shall take precedence over all other contracts, agreements, undertakings, promises and representations on this subject matter.

The invalidity or unenforceability of any stipulation of this Contract shall in no way affect the validity or enforceability of any other stipulation hereof.

If this Contract is translated and there is a discrepancy between the original French version and the translation, the original French version shall take precedence provided the discrepancy is the result of a translation error.