3. The Website is available only to individuals who are 18 years old or more and to younger individuals under constant parental supervision.
4. To use the Website, the User will have to create an account. If the User does not manually create an account, there is an implicit account created for the user and connected to the user's email address which shall be the user's "Account" for purposes hereof. An account may also be automatically created via a social media platform. A User may maintain and use no more than one account to post content. A User specifically may not create or use additional accounts for any purpose, including without limitation the circumvention of technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the Agreement.
5. The owner of the account will be responsible for maintaining its security and for keeping his/ her password confidential. The User is fully and exclusively responsible for all the activities that occur under his/her Account and any other actions that the user takes in connection with the Website. The User must not describe or assign content to the Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and JOATU may change or remove any description or keyword that it considers inappropriate or unlawful, or which could otherwise result in JOATU's liability. The User must immediately notify JOATU of any unauthorized uses of the Account, any breaches of security, or any content that the user believe violates the Agreement. JOATU will not be responsible or liable for and from any acts or omissions of the user.
6. JOATU is a platform to find or publish content. Therefore, JOATU does not control, does not make any warranties and representations and is not responsible nor liable for any content whatsoever that is found or published on the Website . JOATU does not in any way endorse the content published on the Website.
7. If a User posts content (including without limitation informations, comments, offers, images, graphics, texts, photographs, links, collectively referred to as the “Content”) on the Website, he/she is a Contributor. A Contributor is fully and exclusively responsible for the Content and for the inconveniences, harm or damagesresulting therefrom, as well as from all physical, material and immaterial goods or services distributed following the posting of such Content.
8. By the posting of any Content whatsoever, the Contributor warrants and guaranties that:
9. If a Contributor deletes Content, JOATU will use reasonable efforts to remove it from the Website, but the Contributor acknowledges that caching or references to the Content may not be made unavailable.
10. JOATU does not control, is not responsible for and makes no representations or warranties whatsoever with respect to any User or User conduct. The User is solely responsible for his/ her interaction with or reliance on any User or User conduct. The User must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User or User conduct.
11. The User is also responsible for his/her own conduct and activities on, through or related to the Website, and, if the User creates an Account, the User is responsible for all conduct or activities on, through or by use of such Account.
The User agrees to indemnify and hold JOATU and JOATU Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to the Webiste or JOATU, and related to or arising out of any conduct or activities on, through or by use of the User's Account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by JOATU or JOATU Representatives.
JOATU is not responsible nor liable for the material, including computer software, made available through the websites and webpages to which JOATU links, and that link to joatu.com or any IP address linking to the Website. JOATU is not responsible for these websites and webpages, and is not responsible for their content or their use. By linking to a third website or webpage, JOATU does not represent or imply that it endorses such website or webpage. The User is fully responsible for taking precautions, as necessary, to protect his/herself and his/her computer systems from viruses, worms, malware, spyware, and other harmful, unwanted or destructive content. JOATU disclaims any responsibility for any harm resulting from the User's use of third-party websites and webpages.
14. This Agreement does not consist in any offer, sale, licence or other transfer of JOATU and/or third party intellectual property, including without limitation trademarks, logos, copyrights, codings, trade secrets, graphics, photographs or texts, whether they are registered or not. Use of such intellectual property without written permission of JOATU or the third party to which it is proprietary is strictly forbidden.
15. JOATU reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. JOATU may also, in the future, offer new services and/or features through the Website, free of charge or for a fee. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
16. JOATU may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your JOATU Account, you may simply discontinue using the Website. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, except for any obligation of JOATU.
17. The Website is provided "as is". JOATU and its suppliers and licensors shall not be responsible for, and hereby disclaim, all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non- infringement. Neither JOATU, nor its suppliers and licensors, makes any warranty that the Website is and shall be error free or that access thereto will be continuous or uninterrupted. Content or services through the Website are at the User's own discretion and risk.
18. In no event will JOATU, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. JOATU shall have no liability for any failure or delay due to matters not under its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
20. The User agrees to indemnify and hold harmless JOATU, its contractors, and its licensors, and their respective directors, officers, employees, agents and shareholders from and against any and all claims and expenses, including without limitation attorneys' fees, arising out of the User's use of the Website, including but not limited to out of the User's violation of this Agreement.
21. This Agreement constitutes the entire agreement between JOATU and the User concerning the subject matter hereof, and this Agreement may only be modified by a written amendment signed by an authorized executive of JOATU, or by the posting by JOATU of a revised version. Except to the extent provided by any applicable law, this Agreement as well as any access to or use of the Website shall be governed by the laws applicable in the province of Quebec, Canada.