Terms of use

Web site Terms of Use

The Passion Performance Web site and its sections, hereafter referred to as "the Site", is proposed to you under certain Terms of Use which define the set of relations between you and the Site.

These Terms of Use are defined below. Simple use and/or consultation of the Site implies, automatically and unconditionally, your full acceptance of its Terms of Use as a whole. The Site reserves the right to modify the present General Terms of Use at any time, without prior notice or any form of compensation. We thus invite you to consult them on a regular basis.

Intellectual property

The use of the Site does not give you any right. These rights remain the exclusive property of Passion Performance and of its partners. As such, all texts, photos, videos, data, posters, logos, brands and other reproduced elements found on the Site are reserved and protected under intellectual property law, in particular copyrights, performing rights and trademark laws. Therefore, and in accordance with the Intellectual Property Code, only private use within a family context is authorized; all other uses will be considered as unauthorized and/or an infringement to performing rights, sanctioned by the Code. Consequently, you cannot, in any way, reproduce, show, distribute, market, modify, or concede all or parts of any elements posted on the Site, and all or parts of the Site in general, without prior and special consent obtained from Passion Performance. All illicit use of the Site, in totality or in part (pirating, infringement, etc.) will lead to prosecution.

Personal data

Passion Performance is likely to gather some nominative information about you. This information is used by Passion Performance. However, Passion Performance reserves the right to give this information to third parties. If you do not agree with the possibility that this information be transmitted, you can, in conformity with the Law dated January 6, 1978, concerning data processing and individual liberties, oppose as well as get access, change, and delete the information concerning you by asking at abonnement@lcmedia.ca.

User name and password

You are responsible for keeping your Identity confidential. Passion Performance cannot be held responsible for an unauthorized use of your account. If and when the confidentiality of this information is compromised, please alert our services as soon as possible to prevent an eventual fraudulent use of your Identity. Passion Performance will not be held liable of any losses or damages resulting, notably, from the non-observance of the security measures listed in the present section. Eventual links to third party sites The Site can contain hypertext links leading to other Web sites edited and managed by third parties, not by Passion Performance. Passion Performance will not be held directly or indirectly liable in cases where third party sites do not observe the legal provisions and regulations, either French or European, in force or to come, as well as the consequences incurred by this non-observance.

Guarantees

Subject to the applicable prescribed provisions, you agree and accept that: The Site is provided in its state, accessible depending on its availability, and without any express or implicit guarantee from Passion Performance, and its use is done at one's own risk under your total responsibility. Passion Performance cannot guarantee that (i) the Site, its contents, and products herein will perfectly meet your expectations, (ii) the Site will not be interrupted and devoid of any errors, and that these interruptions and errors will be corrected, (iii) the Site will contain no viruses. All downloaded materials, and/or those obtained by any other means while using the Site, are acquired at your own risk and Passion Performance will not be liable of damages and data losses suffered by your computer. No advice and no information, whether it is written or oral, obtained by you from Passion Performance, or when using the Site, can constitute a guarantee not expressly provided by the present terms.

Limitation of liability

Subject to the applicable legal and prescribed provisions, Passion Performance will not be held liable of any damages, direct or indirect, notably but not restrictively loss of profits, of clientele, of data, of incorporeal property due to using or impossibility of using the Site, and more generally due to any event linked to the Site and/or third party sites. In particular, the liability of Passion Performance cannot be sought in the case of total or partial pirating of the Site and the damages this pirating may cause you or a third party.

Closure or suspension of the Site

Passion Performance reserves for itself the possibility, when it deems appropriate, to modify and temporarily or permanently interrupt all or parts of the Site, without prior notice or indemnities whatsoever. Passion Performance will not be held liable against you or a third party due to any modification, interruption or suspension of the Site.

Particular terms applicable to certain sections of the Site

There exist certain sections on the Site that enable you to submit your opinion (hereafter referred to as "Give your Opinion" or "Vote for…").

The columns and reviews published by Passion Performance in its different sections involve their authors only and do not in any manner represent any official view or advice from Passion Performance. In submitting your Opinion in any of the Passion Performance Site's sections, you expressly and graciously cede any intellectual property rights related to it to Passion Performance, and in particular the right to reproduce, represent and adapt in any manner whatsoever, known and unknown until today, worldwide and for the duration of the actual intellectual property or any to come.

Within this scope, you commit to send messages and information pertaining to each section only. So, when you send in your Opinion on such and such a matter, you commit not to (the following list is not meant to be restrictive): libel, abuse, harass, menace whomsoever, nor violate the rights of others such as, for example, human rights, the right of privacy and the right to human dignity.

You are solely and uniquely liable for the remarks you make in your Opinion and as such clear Passion Performance against any legal recourse and/or action brought forth by any person following the publication of your Opinion on the Site. You will assume any charges and payments concerning to these persons, whatever cause or reason may be owed or claimed. Passion Performance reserves the discretionary right to publish or not your Opinion on its Site, to modify it, adapt it, translate it in any language, keep it on line, or delete it at any moment and without prior notice.

Applicable law

The present contract on the terms of service is subject to applicable laws in the province of Quebec. You accept herewith that any dispute ensuing from, or linked to, the use of Passion Performance's services and Internet sites will be submitted to the competence of the tribunals of the district of Montreal, in the province of Quebec.