TERMS and CONDITIONS
The terms of use described below (the "Terms") govern your rights and obligations concerning the use of the search service (the "Service") accessible via our website at http://www.voilacasting.com (the "Site").
These Terms constitute a binding agreement between you and Les Productions Voilà Voilà ("Productions Voilà" or "we/us "), owner of all rights pertaining to the Site and the Service. You should therefore carefully read these Terms.
By accessing the Site and using the Service, you recognize and accept all the Terms herein. If you do not accept these Terms, we ask that you refrain from visiting the Site and using the Service. Productions Voilà reserves the right, at its sole discretion, to update, revise, complete or otherwise amend these Terms, and to impose new terms and conditions from time to time with regard to your use of the Site and the Service. These amendments shall take effect immediately and shall be integrated into the Terms upon notice of such amendments, which can be issued by any reasonable means, including a posting on the Site. Your continued use of the Site and the Service subsequent to such notice shall be deemed to constitute your acceptance of the updated Terms. Amendments are not applied retroactively.
1. THE SERVICE
The Service allows artists to create profiles and post their contact information in our databases; the Service also allows users of the Site to conduct searches of our databases.
2. LICENCE
Productions Voilà hereby grants you a free, non-exclusive, non-transferable and revocable licence (the "Licence") to use the Service, subject to these Terms by which you consent to be bound. This is a Licence to post on, use and access the Site and the Service for their intended purposes and does not constitute a transfer of title.
3. USE OF SERVICE
You must not copy, save or otherwise use data obtained from our databases, except as expressly permitted by these Terms. This clause does not limit your use of our databases as intended by the Service and for the purposes of private and personal use of the Service.
You cannot, without limitation: (i) duplicate the Service or any of the materials and/or content contained therein; (ii) create derivative works from the Service or any of the materials and/or content contained therein or integrate the latter within a service of your own; (iii) use the Service or any of the materials and/or content contained therein for commercial purposes, or for public display, public performance, sale or lease; (iv) distribute the Service or any of the materials and/or content contained therein, except as specifically provided for in the Service; or (v) resell, redistribute, sub-license, or lease the Service. You also cannot: (i) remove any copyright or other proprietary notices from the Service and/or content contained therein; (ii) circumvent any encryption or other security mechanism used anywhere on the Service (including theft of user names and passwords or use of user names and passwords of another person in order to gain access to a restricted area of any part of the Service); (iii) use any data mining tool, robot or similar data capture or retrieval tools on the Service; (iv) decompile, reverse engineer, modify or disassemble any software component of the Service and/or its content; or (v) sell, lease, license or sub-license, transfer, distribute, re-transmit or otherwise transfer to a third party the materials and/or content or your right to access and use the materials and/or content as granted above. You agree to cooperate with Productions Voilà in order to immediately to stop any unauthorized use.
By submitting and publishing information on the Site, you acknowledge, consent and agree to have this information publicly disclosed.
You acknowledge, consent and agree that Productions Voilà may access, preserve and disclose your account information and content if required by law or if Productions Voilà deems in good faith that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce these Terms; (iii) respond to claims that the material violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Productions Voilà, its users and the public.
Any unauthorized use of the Service or any material and/or content contained therein shall cause the immediate termination of your use of the Service.
4. REGISTRATION
Use of the Service and certain sections thereof may require registration depending on the features chosen.
If you do not wish to subscribe to use the Service, you may nevertheless visit the Site and access certain features of the Service without registering. However, choosing to use the Service without registering will limit your access to the Service.
Should you choose to register and create an account, you agree to provide information that is complete, accurate, truthful and current. Providing false or erroneous information may prevent you from using the Service and may hinder the ability of Productions Voilà to contact you. If we believe that the information provided is not complete, accurate, truthful and current, we may, at our sole discretion, terminate your access to the Service, in addition to any other remedy available under these Terms or applicable law.
You must keep your user name and password secure in order to prevent their unauthorized use. You represent and warrant that you will not disclose your password nor provide access to the Service to another person. You undertake to immediately notify Productions Voilà of any unauthorized use of your account or any other breach of security. You are responsible for any unauthorized use of the Service from your account until you notify Production Voilà of such unauthorized use.
5. TERMINATION OF SERVICE
You may terminate your registration, access and use of the Service at any time and for any reason.
You agree that Productions Voilà may, without prior notice, immediately terminate or restrict your access to the Service, at any time and for any reason that Productions Voilà deems appropriate, at its sole and absolute discretion. To the extent possible, we will notify you of your account termination. Cause for such termination or restriction may include, but are not limited to: (i) violation of these Terms or other related terms and conditions or user guidelines, (ii) request submitted by a law enforcement agency or any other government body, (iii) discontinuation or modification of the Service (or any part thereof), (iv) unexpected technical or security problems or issues, (v) extended periods of inactivity, (vi) your involvement in fraudulent, illegal or seemingly illegal activities, (vii) your involvement in any act that is harmful or potentially harmful to Productions Voilà or a third party, or (viii) the deliberate disclosure of false or erroneous information.
You agree that any termination or restriction of access for cause shall be undertaken at the sole discretion of Productions Voilà, and we shall not be liable to you or any third party for any termination or restriction of access to the Service.
6. PROHIBITED POSTS
When you submit content to be published on the Site, you must ensure that such content is lawful. Therefore, for illustrative purposes, you shall not submit in particular any content:
- identifying other persons without having received their consent;
- that is false, illegal, defamatory, libellous or which infringes on the privacy of another person;
- that is harassing, offensive, threatening or vulgar;
- that is otherwise prohibited by law or under these Terms.
Productions Voilà may decline to publish or may immediately delete any content that you have submitted if you have violated these Terms or have committed an act or an omission that is harmful or potentially harmful to the Service, its users or Productions Voilà. In such instances, Productions Voilà may prevent you from posting additional content on the Site.
7. RIGHT TO CONTENTS AND EXAMINATION OF CONTENT
When you submit content to be published on the Site, you represent and warrant that you are authorized to publish the content and to allow Productions Voilà to publish the content. Productions Voilà may examine the content prior to or after its publication, prevent the posting of inappropriate or otherwise inadequate or erroneous content, or remove such content after its publication. Productions Voilà does not generally exercise its right to monitor content and does so only in rare instances.
Content submitted by users for publication does not reflect the views of Publication Voilà. Posting content does not guarantee its validity, reliability, accuracy, legality or that it is up to date.
8. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights pertaining to the Site, the Service and the databases, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Production Voilà or are licensed to Productions Voilà. The Site and the Service are protected notably under the Canadian Copyright Act, or by provisions prescribed by any other law in Canada and abroad.
Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Site or the Service, in any way or by any means without the prior written consent of Productions Voilà, is strictly prohibited.
Productions Voilà may protect the Site and the Service using technological means intended to prevent unauthorized use of the Site and the Service. You undertake not to circumvent these means. Infringement of the rights pertaining to the Site and the Service shall in and of itself result in the termination of all your rights under these Terms.
9. LIMITATION OF LIABILITY AND WARRANTY
PRODUCTIONS VOILÀ PROVIDES THE SITE, THE SERVICE AND THE CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
NON-CONTINUOUS UPDATES. INFORMATION PROVIDED BY THE SITE AND THE SERVICE COMES FROM USERS. THIS INFORMATION IS INHERENTLY CHANGING AND MAY BE INCORRECT, INCOMPLETE OR OBSOLETE. PRODUCTIONS VOILÀ MAKES NO GUARANTEE CONCERNING THE ACCURACY OR RELIABILITY OF THIS INFORMATION.
You acknowledge and agree that you bear full, sole and exclusive responsibility for the use of the Site and the Service.
Productions Voilà makes every effort to provide you with satisfactory, high quality service. However, we do not warrant that the Site and the Service will function without interruption or will be devoid of error, that they will always be available or free of any harmful component, that they are protected from unauthorized access, immune to damage, free of malfunctions, bugs or failures, including but not limited to hardware failures originating from either Productions Voilà or its providers.
PRODUCTIONS VOILÀ, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, ANY MALFUNCTION, ERROR OR FAILURE IN THE OPERATION OF THE SITE OR THE SERVICE, ANY FAULT OR ERROR COMMITTED BY OUR STAFF OR ANY PERSON ON ITS BEHALF, YOUR RELIANCE ON THE CONTENT OF THE SITE OR THE SERVICE, INCLUDING CONTENT FROM A THIRD PARTY, ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR VIA THE SERVICE, ANY REFUSAL OR CANCELLATION OF YOUR USER ACCOUNT, OR THE SAVING, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN NO CASE SHALL THE OVERALL, TOTAL AND MAXIMUM LIABILITY OF PRODUCTIONS VOILÀ FOR DAMAGES INCURRED EXCEED THE SUM OF ONE CANADIAN DOLLAR ($1).
10. LINKS AND COMMERCIAL INFORMATION
Productions Voilà may incorporate into the Site advertisements and/or information of commercial nature. This information may be sourced from Productions Voilà or a third party. It is understood that the commercial content published by Productions Voilà does not constitute a recommendation or endorsement by Productions Voilà to purchase the products or services advertised.
Insofar as the Site includes links to services or applications not operated or managed by Productions Voilà or content not originating from us, Productions Voilà will not be responsible for any form of liability arising from your reliance on, or in connection with, such services, applications or content.
11. BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Productions Voilà and its employees, officers, directors and agents, in the event that you have violated these Terms or have operated unlawfully with respect to the Site or the Service. Such indemnity shall cover all expenses, payments, loss, loss of profits or any other damages, direct or indirect, monetary or non-monetary, incurred by Productions Voilà, its employees, officers, directors or agents, including but not limited to legal expenses and attorney fees.
12. FORCE MAJEURE
Productions Voilà shall not be liable for any failure to fulfill its obligations due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to: acts of nature such as fire, floods, earthquakes, hurricanes, storms or other natural disasters; war, riots, arson, embargoes, acts of civil or military authorities or terrorism; strikes or shortages in transportation, utilities, fuel, energy, labour or materials; telecommunications, GPS or information service failures; hacking, spam or any computer or server failure.
13. MODIFICATION OF SERVICE
Productions Voilà reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at any time, with or without notice. You agree that Productions Voilà is not liable to you or any third party for any modification, suspension or discontinuation of the Service or any part thereof.
14. GOVERNING LAW AND JURISDICTION
These Terms will be governed solely by the laws of the province of Quebec and the federal laws applicable therein, without regard to any conflicts of law principles. Any dispute, appeal or claim arising from or relating to these Terms will be under the exclusive jurisdiction of competent courts in the judicial district of Montreal, province of Quebec, Canada.
15. WAIVER AND SEVERABILITY
The failure of Productions Voilà to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the intentions of the parties as reflected in the provision, and the remainder of these Terms will continue in full force and effect.
16. CONTACT US
You may contact us by email at [contact@voilacasting.com] with any questions you may have. We will make every effort to address your enquiry promptly.
