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Terms and Conditions of Use

Last updated / Comes into effect : 2023-03-01

Acceptance of the Website Terms and Conditions of Use

These terms and conditions of use for https://clubs.studio, (including any related sub domains including, but not limited to app.clubs.studio, classified.clubs.studio, bazar.clubs.studio, store.clubs.studio) , for https://clubmsm.com/en/calendars and for the clubs.studio mobile application ("Mobile Application"), constitute a legal agreement and are entered into between you and Jaam Numérique Inc. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through https://clubs.studio and the Mobile Application (collectively, the "Website" or "clubs.studio").

BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, AS THE CASE MAY BE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

You represent and warrant that you are the legal age of majority under applicable law (typically at least eighteen (18) years of age) to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may access or use the Website only if a parent or guardian consent on your behalf to these Terms and Conditions. Without this consent you must not access or use the Website.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website, but will not affect any previous dispute. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. WE WILL NOT BE LIABLE IF, FOR ANY REASON, ALL OR ANY PART OF THE WEBSITE IS RESTRICTED TO USERS OR UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

Your Use of the Website and Account Set-Up and Security

Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

If you subscribe to clubs.studio and register to a Sport Club (as defined below), you may be subject to the Sport Club’s membership bylaws. We expressly deny any liability or responsibility in relation to these bylaws.

If you create an account for a third party (for example your spouse). You must get their permission before entering their personal information. As soon as they will log in the account, they will need to accept these Terms and Conditions themselves.

The Company will authorize the creation of a sport club ( a personalized portal where the sport club has its own environment with multiple pages, sections or services) ("Sport Club") only by a sport club representative ("Super-Administrator"). Super-Administrators should be designated by their club board of directors and accept the responsibilities that come with such privilege. Super-Administrators may then grant rights to administer a Sport Club page to administrators of the sport club ("Administrator"). We reserve the right to remove any rights granted to Super-Administrators, Administrators or any registered user. We also reserve the right to terminate a Sport Club page or suspend access to a Sport Club subscription page or to any part of the Website for any or no reason, including any violation of these Terms and Conditions.

Unfortunately, the transmission of information via the Internet is not completely secure. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website or your Sport Club through interactive modules including but not limited through Results, Users, Phone Book, Store, Registrations, Inventory, Classified , Volunteering, Communications, Notifications, Management, Calendar, Portraits, Website, Sponsors, Covid19, Payments and Newsletters Modules or through emails or other communications sent to the Company or your Sport Club, and other such features, modules, administrative tool or functionality designed for sports clubs, to manage athletes, events, volunteers, groups, payments, communications (collectively, "Interactive Features" ) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including copyright, trademark, patent, trade secret, and any other proprietary rights. As a condition of your use of the Website, we prohibit data scraping by you, any of your agents, and any electronic agents or “bots.”

The Company name, the CLUBS STUDIO trademark, the Company and clubs.studio logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website contents for your personal non-commercial use or your sport’s club use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other users, to a Sport Club or any other sport club, sport federation or persons, or to the Company, its affiliates or subsidiaries (collectively, "User Submissions") and any and all Interactive Features. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

User Submissions: Grant of Licence

The Website may contain Interactive Features allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates, your Sport Club, your sport federation, our service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates, and service providers, your sports club, your sports federation and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, and not the Company, your Sport Club, its Super-Administrators or Administrators, your sport federation nor any of their subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors or assigns (collectively, the "Released Parties"), are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. The Released Parties are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Site Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

YOU WAIVE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR WEBSITE, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE, OR UP TO DATE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THE RELEASED PARTIES SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR USE OF THIS WEBSITE.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements or opinions expressed in any such third-party content, other than the content provided by the Company (or any other Released Parties), are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company (or any other Released Parties). The Released Parties shall not have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user personal information or content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website.

You also consent to the transmission and disclosure of your personal information by the Company or your Sport Club to its Super-Administrators, Administrators, coaches, directors, officers, employees, agents or to your sport federation.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Geographic Restrictions

The owner of the Website, and its affiliates and subsidiaries, are based in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OTHERWISE FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ALL PRODUCTS PURCHASED FROM THE WEBSITE AND ALL SERVICES OR ITEMS OTHERWISE FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NONE OF THE RELEASED PARTIES MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. Without limiting the foregoing, none of the Released Parties represent or warrant that the Website, its contents, products acquired from the Website, or any services or items otherwise found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected or that our Website or the server that makes it available are free of viruses or other harmful components.

THE RELEASED PARTIES CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET, THE WEBSITE OR OTHERWISE AVAILABLE FROM OR PROVIDED BY ANY OF THE RELEASED PARTIES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL-BOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, PURCHASE OF PRODUCTS FROM THE WEBSITE, OR ANY SERVICES OR ITEMS OTHERWISE FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR SOCIAL MEDIA ACCOUNT LINKED TO IT.

Limitation on Liability

The following provision is inapplicable to Québec residents to whom the Quebec Consumer Protection Act applies.

To the maximum extent permitted by applicable law, in no event shall any of the Released Parties, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including medical costs, personal injury, pain and suffering, emotional distress, lost profits, lost revenue, lost savings, loss of data, replacement costs, punitive damages, or any similar damages, whether based in contract, tort (including negligence), product liability, strict liability or otherwise, arising from, or related in any way to, your use of the Website, its content, and any services or items otherwise found or attained through the Website, or for any other claim related in any way to your use of the Website or any product acquired therefrom, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content or products posted, transmitted, or otherwise made available via the Website, even if a Released Party was previously advised of or had reason to know of the possibility of such loss or damage.

The following provision applies to Québec residents to whom the Quebec Consumer Protection Act applies.

To the maximum extent permitted by applicable law, and except for our or their gross fault, wilful misconduct or breach of an essential obligation of these Terms and Conditions, in no event shall the Released Parties be liable under these Terms and Conditions for any claim for lost revenues, profits or loss of clients or expected clients, damages for business interruption or failure to realize expected savings, pain and suffering, emotional distress, loss of use, loss of goodwill, loss of data and any other incidental commercial or financial losses of any kind or damages that are not the direct and immediate consequence of our or their actions, whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, reliance on, all or part of the Website or its content or any action taken (or refrained from being taken) as a result of using any of the foregoing.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, liabilities, damages (including any direct or indirect damages), judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use or misuse of the Website, including your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions. Company reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with Company or its designee in asserting any available defenses.

Governing Law and Choice of Forum

These Terms and Conditions and your access and use of the Website will be governed by and construed in accordance with the laws of the province of Québec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts sitting in the City of Quebec in the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. To the fullest extent permitted by law, you waive:

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Interpretation

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. The headings contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions. The words "include", "includes" and "including" shall be deemed to be followed by the words "without limitation"; the words "herein", "hereof", "hereby", "hereto" and "hereunder" refer to these Terms and Conditions and all documents incorporated herein by reference; and the word "or" is not exclusive.

Consent to Transact Electronically and Commercial Electronic Messages

You expressly consent:

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request a notice of claimed infringement, so that we send a notice to the alleged infringer by submitting written notification to us. The written notice (the "Notice") must include following:

Forwarding Notice to Alleged Infringer

If we receive a Notice in the prescribed form, we will, as soon as feasible, forward the Notice electronically to the person to whom the electronic location identified by the location data in the Notice belongs and inform you of our doing so. If, for some reason, it is not possible for us to forward the Notice to such person, we will confirm with you the reasons therefor.

Record Retention

We will retain records of Notices in compliance with our obligations under applicable laws and regulations.

Removal of Materials or Disabling of Accounts

Without limiting any other rights or remedies we may be entitled to under our website Terms and Conditions or otherwise at law, we reserve the right to remove any material or disable or terminate our users' accounts or take such other actions deemed necessary or appropriate in the circumstances in our sole discretion. It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

Notice

To You. We may provide any notice to you under these Terms and Conditions by either of the following methods, in our sole discretion:

To Company. Any feedback, comments, reports, requests, notice, accessibility issues and other communications relating to these Terms and Conditions, the Website, or any of the Website contents, should be directed to: info@clubs.studio or to the following postal address:

JAAM Digital inc
1073 rue de la Rivière
Québec (Québec) G1Y2A3