Terms of use of the of the Literacy Foundation Web site
The website located at the URL address http://www.fondationalphabetisation.org/en/ (hereinafter the “Site“) and the domain name “fondationalphabetisation.org” are the exclusive property of the Literacy Foundation (hereinafter the “LF“).
In these Terms of Use (hereinafter the “Terms“), users of the Site are referred to as “you”. The LF is referred to as “LF”, “we”, “us” and “our”.
By accessing the Site, you agree to all of the terms of use contained in these Terms and any policies posted on the Site.
You should be aware that the LF may change these Terms and the policies posted on the Site at any time in its discretion. If you browse the Site after any changes are posted, you consent to those changes.
It is your responsibility to check for changes to the Terms and Policies posted on the Site on a regular basis. However, to assist you in doing so, where appropriate, we will post the dates of changes prominently in a designated area of the Site.
If you do not agree with any of the terms and conditions or any subsequent changes to these Terms and/or the policies posted on the Site, you must not use the Site.
1) CONTENT PRESENTED BY THE LF ON THE SITE
What do we mean by “content”?
This includes text, images, photographs, videos, music, trademarks and, generally, all types of content that may be protected under intellectual property laws, including copyright and trademark laws, or that are subject to other laws and regulations including, but not limited to, image and privacy rights and unfair competition rules.
a) The LF’s intellectual property
The LF owns the intellectual property rights in all content (text, images, trademarks, etc.) displayed on this Site (the “Site Content“)1.
You may download or print excerpts of the Content of the Site for strictly personal and non-commercial purposes provided that you do not modify the documents reproduced and the protective notices with their symbols (©, ™).
1 The Adult Learnline referral service, which is managed by the LF, is offered on a microsite accompanying this Site and is subject to the present Terms and Conditions. Adult Learnline is a trademark (not registered) owned by the Government of Quebec, Ministry of Education and Higher Education, used under license by the LF.
You may not use the Site Content for any other purpose, including but not limited to commercial purposes, without the written consent of the LF.
For example, without written consent, you may not modify, reproduce, distribute, retransmit, display, publish, license, assign or sell any content, software, products or services obtained from the Site, or create derivative works thereof.
b) Use of the LF trademarks
In the event that the LF makes its trademarks (verbal and logo) available for download, you may use them in connection with your business activities on your website or in other media, including for the purpose of publicizing the LF, provided that you obtain the LF’s prior written approval of the proposed publication and comply with any instructions provided by the LF regarding such use.
2) WHAT IS ILLEGAL OR PROHIBITED
You understand and agree that you are prohibited from using the Site, including any communication areas, to:
a) Transmit or post any information or content that is unlawful, threatening, abusive, harmful, defamatory, indecent or in violation of any rights of another person or business or that contains content that is illegal under any applicable law.
b) Post or transmit any information unrelated to the Site or the services offered on the Site.
c) Disguise or misrepresent the origin of any information provided on the Site or impersonate any other person.
d) Transmit on or through the Site any computer virus, files, code or any means intended to interrupt, destroy, corrupt or impair the functionality of the Site or any computer equipment connected to the Site.
e) Restrict or deny users from accessing the Site.
f) Save, post, transmit or otherwise make available any undesirable material such as junk mail, advertising, “spam” or any other unauthorized solicitation.
g) Promote the sale of products and/or services on the Site unless authorized in writing by the LF.
3) HOW TO BEHAVE IN COMMUNICATION SPACES
When using the communication spaces (blogs, newsletters, discussion groups, messaging and others), you agree to:
a) Act in a polite manner and respect the rules of courtesy and etiquette.
b) Not to make vulgar, offensive, sexual or racist comments.
c) Not advertise through the Site.
4) CONSEQUENCES OF NON-COMPLIANCE OF THE RULES
If the LF has reason to believe that you have failed to comply with any of your obligations under these Terms, the LF shall have the right, in its sole discretion, to suspend your access to the Site temporarily or permanently, in whole or in part, and to take such other action as it deems appropriate in the circumstances.
The LF may, for example, deny you access to the communication areas, remove the content of your communications and, as appropriate, refer them to the relevant authorities.
The LF may, at its discretion, notify you by e-mail or otherwise of your failure to comply and provide you with an opportunity to rectify the situation.
5) COMPENSATION: WHAT HAPPENS IN CASE OF DAMAGE
You agree to defend and indemnify the LF against any damages, losses or expenses (including reasonable attorneys’ fees) that the LF may suffer as a result of your failure to comply with these Terms in any action, suit or claim.
You agree to notify and cooperate with the LF in the event that you discover that someone has violated these Terms.
6) LIMITATIONS OF THE WARRANTY
a) With respect to the information published on the Site
The LF warrants that it has made every effort to ensure that the Content on the Site is relevant, accurate and up-to-date.
Under no circumstances shall the LF be liable in any way for the results obtained by any person using the information provided on the Site.
Nothing in the information provided on the Site should be construed as offering professional advice intended to resolve any particular case.
b) With respect to the functionality of the Site
The LF undertakes to make its best efforts and act in conformity with the rules of the trade, to ensure that the Site is reasonably functional and accessible. However, to the extent permitted by law, the LF makes no warranty of any kind regarding the technical performance of the Site.
the LF cannot guarantee that the services offered on the Site will fully meet your expectations, that they will be uninterrupted, secure or error-free or that any identified defect can be corrected.
To the extent permitted by law, in no event shall the LF be liable for any damages, direct or indirect, arising out of the use of or inability to use the Site, even if the LF has been advised of the possibility of such damages.
7) LINKS TO EXTERNAL SITES
The LF is not responsible for the content of any other web sites hyperlinked from the Site, as these sites have been created by third parties over whom the LF has no control.
You must ensure that you have the required permissions before posting URLs from other sites unless the rules of those sites allow otherwise. You must also ensure that you have the required permissions before importing and posting content from other sites. You may not create a hyperlink to this Site or use this Site in association with any other person’s or company’s products, services or trademarks in a manner that suggests an endorsement by or cooperation with the LF, unless expressly permitted by the LF.
The LF reserves the right to prohibit you from hyperlinking this Site to any other site, particularly if the context in which the hyperlink is used is detrimental to the honour, reputation or interests of the LF.
8) APPLICABLE LAWS AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec. You agree that the courts of Quebec, Canada, shall have jurisdiction over any dispute, claim or suit relating to these Terms.