This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://simbud.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website“), as owned and operated by 9293-3092 Quebec Inc. (hereafter referred to as “PlanHub”).
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue your use of our Website.
The terms “us” or “we” or “our” refer to 9293-3092 Quebec Inc. (PlanHub), the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as a Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
Our Website contains information including, but not limited to, graphics, logos, text, images, designs, copyrights and service marks or trademarks in the form of words, graphics, and logos (collectively, “Content”) belonging to PlanHub or to our affiliates or other companies who associate themselves to PlanHub. Your use of our Website does not constitute any right or license for you to use the Content, without the prior written permission of the corresponding Content’s owner. The Content is also protected by copyright, trademark and other intellectual property rights and laws in effect in Canada, the United States, Europe and internationally.
By using our Website, you understand that the Content belongs exclusively to its respective owner. The copying, redistribution, use or publication by you of any portion of the Content or the Website is therefore strictly prohibited. Your use of our Website does not grant you any title, interest, or ownership rights of any kind in the Content or our Website.
Restriction on use
You agree that you will not:
i) publish, publicly perform or display, or distribute any materials or Content to any third party, including reproduction on any computer network or broadcast or publications media;
ii) systematically collect and use any data or Content, including by the use of data spiders, robots, or similar data gathering, mining or extraction methods;
iii) make derivative uses of the Website, the database or any other materials.
You may be able to post or upload to certain areas of the Site messages, reviews, text, photos, videos, graphics, code, or other content or materials (the “User Content”). You acknowledge and agree that you are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant PlanHub a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable non-exclusive license to publish, reproduce, distribute, display, adapt, and otherwise use this content. You represent and warrant that:
(i) the User Content you submit does not violate any copyright, intellectual property, trademark, or any other right of any third party and that you own or have the legal right to grant PlanHub the above-mentioned license to the User Content;
(ii) the User Content you submit does not violate these Terms of Service, nor does it violate any applicable laws or regulations or include elements that are profane, obscene, defamatory or otherwise harmful to PlanHub or third parties.
Links to other websites
You agree to defend, indemnify, and hold harmless PlanHub, its officers, directors, managers, members, agents, affiliates, employees, affiliated entities, successors and assigns from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from (i) your use of and access to the Website; (ii) your violation or infringement of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any User Content or that your User Content caused damage to a third party.
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. PLANHUB DOES NOT WARRANT, ENDORSE OR REPRESENT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, PLANHUB DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF THE CONTENT OR ANY INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE WILL BE FREE OF DEFECTS AND WILL MEET YOUR EXPECTATIONS.
Limitations of liability
IN NO EVENT SHALL PLANHUB, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS OR DATA PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE CONTENT OR SERVICES.
IN SOME CASES, APPLICABLE LAWS MAY PROHIBIT LIMITATIONS OF LIABILITY AND THEREFORE THE TOTALITY OR A PART OF THE CLAUSE ABOVE MAY BE RENDERED INVALID OR UNENFORCEABLE. IN SUCH CASES, PLANHUB’S AGGREGATE LIABILITY SHALL NOT SURPASS 100 CANADIAN DOLLARS ($100 CDN) IF PLANHUB IS FOUND TO BE LIABLE, UNLESS OTHERWISE REQUIRED BY LAW.
Our Website is operated from the City of Montreal, Province of Quebec, Canada. Any legal conflict between you and PlanHub is therefore subject to the laws of the province of Quebec and the applicable laws of Canada, without regard to conflict of law principles. In addition, you agree to submit to the exclusive jurisdiction and venue of the courts of the City of Montreal, Province of Quebec, Canada. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content on our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of 9293-3092 Quebec Inc. (PlanHub) under our Legal Terms shall survive the termination of our Legal Terms.We take the respect of intellectual property rights very seriously. If you believe that this Website or the Content infringes on one or several of your intellectual property rights, we ask you to contact us at: [email protected].