WENITE’S TERMS OF SERVICE
Wenite is an internet social network (www.wenite.com) and a mobile application (collectively: the “Site”) that allows its users to glimpse, in real time, the atmosphere on any given evening within a selection of nightlife establishments. This application and this internet site were created by the Groupe Wenite inc. (“Wenite”).
The mobile application allows each user enjoying an evening at one of these select establishments to give an account of his or her experience via a vote that covers specific criteria such as the level of seduction, the ratio of men to women, a rating on overall ambiance and level of attendance.
After having voted, the user may be compensated with a promotional offer from the establishment he or she voted for. Each establishment is, at all times, responsible for the offered promotion. However, the user hereby accepts that each promotion, if it is offered, is subject both to the vote having been given and to the prior purchase of food or drink.
The goal of this policy is to establish the conditions of use for this website and the Wenite application, and to ensure appropriate use of the content distributed and the services offered therein. It also aims to establish an individual and collective comportment that conforms to the standards of Wenite, its partners and the applicable legislation.
WARNING: THE USE OF WENITE CONSTITUTES AN ACCEPTANCE OF THESE TERMS AND CONDITIONS. IN CASE OF DISAGREEMENT, PLEASE LEAVE THIS SITE IMMEDIATELY.
1. Right to Limited Use of Internet Site
1.2 The Content may be in the form of information, text, facts, images, graphics, icons, registered or unregistered trademarks, illustrations, photographs, audio clips, musical sounds, pictures, videos, software, or other current or upcoming forms and formats. When you use this site, you must respect the intellectual property rights of Wenite and its beneficiaries.
1.3 All unauthorized use of the Content may consist of a violation of copyright law, trademark law and, more generally, laws concerning intellectual property, privacy, publicity, communications and other regulations. Furthermore, all unauthorized use may cause you to face personal or penal liability.
1.4 Wenite expressly declines all responsibility for unauthorized use of Wenite and its contents.
2. Copyright / Intellectual Property
2.1 Wenite and the whole of its constituents and Content are protected by copyright law and international treaties on copyright and Intellectual Property.
2.2 Unless stipulated in the present user Contract or within the text of the Site, you are not authorized to reproduce, distribute, publish, transmit, modify, adapt, translate, post, distribute, sell, grant under license, make public, create derivative works based on the Content, nor to use or otherwise exploit this Content in any commercial manner.
2.3 You may download a copy of excerpts from the Content for temporary storage on your personal computer, exclusively for the purposes of viewing them or using them individually and in a capacity which is not commercial, political, and offline, only if you neither erase nor modify any mention of copyright, trademark or other mention of intellectual property.
2.4 This limited user license confers upon the user no material or intellectual property rights over the whole or any part of the Content. Other than as mentioned above, no element of this user contract may be interpreted as bestowing upon the user (by implication, debarment or in any other way) such a license or right over the whole or any part of the Content, in accordance with copyright or all other intellectual property rights.
3.1 Trademarks, logos and service-marks posted on this site are the exclusive property of Wenite and third parties. The trade dress and interfaces on the site are the exclusive property of Wenite (collectively: the “Brands”). All Brands not owned by Wenite are the property of their respective owners, and are used by Wenite with the permission of the latter.
3.2 Nothing on this site may be interpreted as conferring - by implication, debarment or in any other way - any right or user license for any Brand without formal written permission from Wenite or from a third party rights holder.
4. Prohibition of use of the site by minors
In using the site, you are formally declaring to be of the age of majority in the country in which you are using the site.
5. User Restrictions
Upon accessing or using Wenite, you agree that:
5.1 You will not use this site for commercial, promotional or political purposes (including, in particular, for publicity, for the solicitation of funds or to sell products or services);
5.2 You will not monitor, recuperate, obtain, use, access or copy any part of the Content or information contained in this site with the help of any robot, “robotic system,” spy program, engine, system, software, intelligence tool or any other automatic device, web utility software, or any kind of manual operation, or by any other automatic method which allows you to access or to connect or to register on the site or for any services or technical specifications offered on or via the site, or to obtain lists of users or to obtain or access other information or technical specifications on, from or via the Site, including information localized on any server or in any data base linked to the Site or to any of its services;
5.3 You will refrain from using Meta tags or any other “hidden text” in relation to [the use of] Brands;
5.4 You will refrain from using the Site or its services or functionalities available on the Site in such a way as to interrupt, corrupt, deactivate, overload or damage said site or services, including but not limited to the sending of large numbers of unwanted messages or by “flooding” the servers with requests;
5.5 You will refrain from all activity that would hinder another user’s use or enjoyment of this Internet Site.
6. Respect for Applicable Laws - Termination of Subscription
6.2 Wenite reserves the right, without any type of restriction, (i) to investigate all suspected infraction of the Site’s security or its information technology or any other system or network linked to Wenite (ii) to conduct investigations into all suspected infractions against this user Contract or violation of any supplementary terms, conditions of use or rules posted on this Site; (iii) to be involved and to cooperate with the authorities responsible for enforcing the law in related investigations, (iv) to pursue violators of the present user Contract in full measure of the law, (v) to delete or modify any message on the site, including documents or data that you might have acquired through your use of said site, and (vi) to cancel the Site or put an end to all access on your part to the site at all times, without prior notice, for any reason and without any obligation or responsibility to/towards the user.
7. Privacy and Security Measures
7.2 By using this Site, you acknowledge and specifically authorize the collecting, processing, transmission and use of your private data, as indicated here.
8.1 The use of the Site and its services is undertaken at the user’s own risk. The internet site and services therein are available to the user “as is.”
8.2 We formally decline all responsibility for all and any part of any kind of guarantee/warranty, explicit or implicit, including but not limited to implicit guarantees concerning commercialization, the appropriateness of a particular use or the absence of forgery.
8.3 We do not guarantee that (a) this internet site or its services will meet the user’s needs; (b) this internet site or its services will be fast, reliable, without error or exempt from interruptions; (c) your use of the internet site and services will have a specific result; or that (d) the quality of the products, services, information or other elements obtained via this internet site (including resources and data from third parties) will comply with any legislation or will meet your expectations.
8.4 You will take full responsibility for any loss of data and any damage caused to your computer system and other components through the use of Wenite
8.5 Wenite expressly denies responsibility for the conduct of any other member.
8.6 The notices of liability in this paragraph are an integral part of the contract which gives you use of the site. It is possible that certain jurisdictions do not allow these notices of non-responsibility. It is also possible that certain of the notices mentioned here do not concern you. If you do not accept the terms and conditions of this article, you must leave this internet site immediately and without using it in any way.
9. Limitation of Liability
9.1 Despite all efforts made to deliver quality content to the user of this Site, it is possible that certain inaccuracies or typographical errors may appear. In no case can Wenite and its partners be held responsible for the occurrence of such errors.
9.2. Unless otherwise stipulated, the articles, reviews, or other texts submitted by a visitor to the site (hereafter referred to as “Submitted Material”) and displayed on this Site reflect the personal opinions of the authors exclusively and these are not shared by Wenite or its partners. In no case can Wenite and its partners be held responsible for the Content or for the Submitted Material displayed on this Site.
9.3 This Site contains hyperlinks to websites operated or owned by third parties. Wenite and its partners offer no guarantee in regards to these websites and may in no case be held responsible for the content displayed or services offered therein.
9.4 Wenite and its partners reserve the right to modify the Site’s content or to interrupt access at their discretion and without prior notice, including the right to cease all activity on the Site with or without prior notice, without any responsibility to the visitor.
9.5 This Site, its content and the services offered therein are provided “as is” and “as available.” Wenite and its partners make no representations or warranties nor implicit or explicit guarantee regarding the functioning of this Site or the services offered therein.
9.6 The user is responsible for the use of any special offer given. Any problems that may arise following the use of the special offer is the sole responsibility of the user. In no case may s/he seek compensation/indemnity from Wenite, from Apple or the company/establishment for damages related to the misuse or abuse of said special offer.
9.7 Using Wenite does not guarantee access to the venue referenced. Access remains at all times the sole responsibility of the venue.
You accept to indemnify, to defend and to release from responsibility Wenite, its directors, employees, agents and representatives, commercial partners, license granters, for all requests/demands [damages and interest], debt, cost and spending (including lawyer’s fees) related to all complaints, trials, lawsuits, motions or proceedings introduced or undertaken against any party, stemming from your use of Wenite.
11. Revisions and Updates to the Internet Site and the User Contract
Wenite may, at its sole discretion, make changes to any aspect of the Site, including its Content, all activity available on the Site, as well as to any product or service offered by the intermediaries of the site. Wenite may also, at its sole discretion, revise the present User Contract by updating or modifying the document - and the revised conditions will take effect from the date of their posting on the site onward. Your continued use of the Site after the implementation of such modifications is subject to your acceptance of these modifications.
12. Wenite’s Hyperlinks to and from third-party sites
12.1 It is possible that the Site will contain links to or from third-party sites (“linked Sites”), in particular sites managed by advertisers, license granters, and Wenite’s publicity and commercial partners. Wenite cannot control the content of these linked Sites, and Wenite is not responsible for verifying or validating the linked Sites.
12.2 Wenite does not support, endorse, or sponsor the linked Sites, nor any message, advertisement, information, document, product, service or other component available on said sites, and Wenite declines all responsibility in this regard.
13. Banners, Ads and Special Offers
Wenite reserves the right to post banners, ads, special offers and similar content on this Site. All interaction, correspondence and business relationship you have with an advertiser or a third-party via this site (including via hyperlinks) is exclusively between you and said third party (including, in particular, questions relative to the content of ads by these third parties, payments, delivery of merchandise and their guarantees) and Wenite, as a third party to these business relations and transactions, assumes no express or implicit responsibility in this regard.
14. Applicable Law and Jurisdiction
14.1 Wenite controls and operates this Site from its corporate headquarters in Montreal (Quebec, Canada). If you use this Internet Site from other locations, it falls to you to respect the current local laws and regulations.
14.2 You acknowledge and expressly agree that any disagreement or complaint in relation to this Site, the Content or the User Contract which is not amicably resolved between you and Wenite will be submitted to the exclusive jurisdiction of the judicial courts of the the district of Montreal, province of Quebec, Canada, and the laws and regulations of the province of Quebec, Canada will be applicable to the exclusion of all other law, regulation or jurisdiction.
15. Autonomy of Contract
If a certain clause in this User Contract is judged invalid, null or inapplicable for any reason, it will be considered autonomous and separable and will in no way affect the validity or the application of the other clauses of the User Contract. These will remain fully valid as though the invalid, null or inapplicable clause had never existed.