Effective Date: June 2020
SCOPE AND AMENDMENTS
- IF YOU ARE A RESIDENT OF QUEBEC, and are a consumer within the meaning of the Consumer Protection Act (Quebec), the following provisions apply:
- FMNC will notify you of any of the following amendments and/or updates that apply to consumers: (i) the nature of FMNC’s services; (ii) the rights, obligations and liabilities of consumers; (iii) communications and notices; (iv) identity authentication; (v) payment methods; (vi) fees; (vii) restricted activities; (viii) dispute resolution procedures; (ix) governing law and jurisdiction; (x) limitations of liability and warranties; and (xi) definitions.
YOUR ACCOUNT AND LOGIN
- Your individual user account(s) or login credentials (collectively, “Account” or “Accounts”) are for your own personal use.
- You must provide complete and accurate data in your user profile, and inform FMNC promptly of any changes to your Account information. We ask that you maintain your login information securely, and change any passwords, if applicable, from time to time. We also ask that in the event of a suspected security breach, irrespective of the impact it shall have on the Website, FMNC and/or other Users of the Website, you report the occurrence of such suspicious activity to firstname.lastname@example.org.
- You are solely responsible for any and all activity on your Account, for complying with intellectual property laws and third party rights, and for maintaining back-up copies of any files uploaded to or related to your Account. You may not upload or republish any of the Website content, including but not limited to text, videos and/or photos, or other than your own, save and except for the “share” feature which specifically allows for others to link to this information.
- FMNC may allow Users to make financial contributions to the customer who orders and pays for the webcasting and related services (the “Customer”), through third-party payment gateway websites/systems. Users in making or receiving these contributions are bound by the terms of: (i) FMNC’s Contribution and Recipient Terms and Conditions, (ii) all other applicable FMNC policies, and (iii) all applicable policies of the third-party payment vendor.
OWNERSHIP OF WEBSITE CONTENT AND MATERIALS
- The Website is owned and operated by FMNC. All content on the Website (with the exception of the User Content as defined and outlined in Section 6 below) is the property of FMNC and/or its licensors, with all rights reserved. No content may be copied, distributed, downloaded, modified, removed, reproduced, republished, sold or otherwise transmitted, or in any form or by any means (electronic or otherwise, whether known or to be known in the future), in whole or in part, without FMNC’s prior written consent.
- With the exception of the User Content as defined and outlined in Section 6 below, all products, services, content, information displayed, sold, performed or otherwise accessible through the Website, including without limitation consumer goods and services, digital images, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all copyright, trade-marks, service marks, trade names and patents (collectively, the “FMNC Materials”), are the property of FMNC and its partners, third party licensors and suppliers and/or their successors and assigns, and are protected by Canadian and foreign laws.
- Without limiting the generality of any other provisions hereof, the use or sale of any FMNC Materials on any other website or networked computer environment is strictly prohibited.
- Without limiting the generality of the foregoing, and except as otherwise expressly agreed to by FMNC, you shall not:
- download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use;
- download or copy Website information or content for the commercial benefit of you or a third party;
- make any resale or commercial use of the Website or the FMNC Materials;
- publish any collection or compilation of any product listings, descriptions, or prices;
- reverse engineer or create any derivative work of the Website or its contents;
- use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon;
- frame or use framing techniques to enclose any trade-mark, logo, trade name or other content (including images, text, page layout, or form) of FMNC or its licensors; or
- use metatags or other “hidden text” utilizing the intellectual property (including copyright, trade-marks, logos, trade names) or content of FMNC or its licensors.
OWNERSHIP AND STORAGE OF FOOTAGE
- After the Free Storage Period has expired, FMNC may continue to store the Footage electronically for such length of time and at such price as may be determined by FMNC from time to time (the “Paid Storage”). Any such Paid Storage shall be subject to the terms of a written agreement between the Customer and FMNC with respect to same. While FMNC strives to notify the Customer (at the email address provided by the Customer to FMNC) that the Free Storage Period shall expire prior to the expiration of same, it is the Customer’s responsibility to request Paid Storage from FMNC before the expiry of the Free Storage Period.
- The Footage shall be available for purchase on FMNC’s online store in DVD, USB or other similar format, at a price to be determined by FMNC from time to time, and subject to the terms and conditions applicable to FMNC’s online store (including the terms and conditions of any third-party website or platform).
- By submitting, transmitting, displaying, posting or storing any other content, including but not limited to photographs and text comments (the “User Content”), to the Website:
- You grant to FMNC, to the furthest extent and for the maximum duration permitted by applicable law, the right to upload (and in turn create a cache copy as necessary), reproduce, publish, translate, modify, publish, broadcast or communicate by electronic, multimedia or other means (now known or to be known in the future), the User Content or any part thereof in any media or communication medium.
- You agree that the use of any name, voice, likeness, biographical information, appearance and performance in connection with the User Content is not a violation of any rights, including but not limited to intellectual property rights, personality rights, moral rights and privacy rights.
- Without limiting the generality of the foregoing, by submitting User Content to the Website, you thereby grant to FMNC, the Customer and other Users the right to use the User Content to create the Footage and Derivative Works (defined below), which FMNC may then list for sale in FMNC’s online store.
- You acknowledge and agree that you are granting all the rights set out herein to FMNC on a royalty-free basis that you will receive no financial or other remuneration, and that FMNC may exercise all of its rights set out herein without providing any further financial or other remuneration to you.
OTHER DERIVATIVE WORKS
- In the use of the Website, User Content and FMNC’s services, derivative works, including but not limited to photo books and other memorabilia (“Derivative Works”), may be created by the Users. These Derivative Works are aside from and in addition to the Footage.
- While the intellectual property rights to the original works incorporated into the Derivative Works remain with the original owner, the Derivative Works themselves shall form part of the FMNC Materials. Any rights arising out of the Derivative Works are vested with FMNC and are subject to the rights and restrictions outlined in Section 4.
REPRESENTATIONS AND WARRANTIES
- You represent, warrant and agree that User Content of any kind posted, transmitted or shared by you DOES NOT violate or infringe upon the rights of any third party, including but not limited to intellectual property rights, moral rights, personality rights and/or privacy rights, unless you are the owner of these rights or have obtained the prior written consent of the owner.
- With respect to the User Content, you represent, warrant and covenant that:
- you are either:
- the sole and exclusive owner of the User Content, and you have the full right and authority to grant the above rights, or
- not the owner of the User Content, but you have lawfully acquired the rights to the User Content or a consent to use and/or reproduce the User Content on the Website from the owner of the User Content;
- the User Content to the best of your knowledge is an original work, and/or work produced under due authority;
- FMNC by using, displaying or otherwise publishing the User Content does not infringe or violate any third party’s intellectual property, privacy, personality or other rights; and
- the User Content does not contain any content or material, in audio, visual or written format, that may be considered abusive, offensive, obscene, defamatory, libellous, abusive, threatening, or otherwise illegal.
- you are either:
- You release and discharge FMNC and all other persons from all claims, demands, suits or actions (whether in law or equity) that you may have at any time arising out of or in connection with any exercise or non-exercise of any right granted to FMNC herein.
USER CONDUCT AND BEHAVIOUR
- FMNC reserves the right to monitor User conduct and behaviour, in order to ensure that all Users on the Website are behaving in a respectful manner towards each other.
- The following forms of conduct and/or behaviours are identified as “Prohibited User Behaviour”, and may result in the suspension or termination of your Account (as under Section 10), or the use of other technological means to prevent your access to the Website:
- spamming or engaging in any activities that may harass or threaten other users;
- submitting or posting any content that you did not create or have previous authorization to post;
- posts/comments including private third party information;
- using automated scripts or soliciting members for advertising, sales or promotional purposes, or using data mining functions, junk mail or pyramid schemes, robots, spiders, or any other data gathering or information extraction methods;
- hacking into or submitting any material containing viruses or otherwise engaging in activities designed to interfere in any way with any Website operation or security features;
- reverse engineering, modifying or tampering with the products, updates, patches, content or other utilities and tools provided on the Website or by FMNC;
- uploading, submitting, publishing, transmitting, displaying, downloading, disseminating or otherwise communicating any material or information that, in respect of other Users or any other third party, or is generally deemed to be:
- fraudulent, defamatory, libelous or inaccurate;
- abusive or threatening;
- offensive, obscene or pornographic in nature;
- confidential under any contract or policy;
- infringing intellectual property rights of any third party;
- in violation of any law or regulation and/or encouraging or advocating any illegal activity and/or advertising any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- solicitation of funds, goods or services other than as may be permitted by law and under FMNC’s policies;
- use of third-party personal data for commercial or unlawful purposes; or
- in breach of any other laws that are aimed at ensuring the personal safety of individuals;
- registering an Account by misrepresenting yourself or providing false Account information;
- soliciting a Minor, engaging in unlawful or criminal activity or encouraging or advocating unlawful or criminal activity;
- any other activity which in FMNC’s sole opinion would be considered objectionable or not in the best interest of FMNC, its members or the public good; or
- using a third party agent, service or other intermediary to post content on your behalf or on behalf of others.
- Further, in relation to the Prohibited User Behaviour by you or any other Users:
- FMNC undertakes no liability or responsibility in respect of any harm, losses or liabilities arising out of the breach of the privacy or security of any such content and/or information;
- FMNC does not guarantee or monitor the accuracy of any content and/or information provided by others;
- FMNC is not responsible for, nor does it endorse, the views, opinions and/or other information expressed by any User and FMNC specifically disclaims any and all liability in connection therewith; and
- all information you disclose or content you submit is done at your own risk, and any reliance upon or use of any content submitted by other Users is also done at your own risk.
- While FMNC may monitor Prohibited User Behaviour patterns, FMNC is not under any duty and/or obligation to do so, except as may be mandated by any law, legal process, or court order. FMNC also does not undertake to attest to the authenticity or accuracy of any statements or opinions or impressions resulting out of the Prohibited User Behaviours, except as may be mandated by any law, legal process, or court order. FMNC’s identified Prohibited User Behaviours shall be used as a standard to periodically monitor and take action against unacceptable User behaviours. FMNC may exercise its discretion as to the frequency or method of monitoring the Prohibited User Behaviours.
- In the event that any User(s) experiences or witnesses any Prohibited User Behaviour (or otherwise unacceptable User behaviour), the User(s) may report such behaviour by emailing email@example.com with an explanation of the Prohibited User Behaviour along with supporting screen shots. FMNC reserves the right to contact such defaulting User and take action under Section 10, or provide appropriate opportunity to remedy the behaviour, as may be deemed appropriate by FMNC in the circumstances.
- FMNC products may be subject to Canadian or foreign export control laws. You agree to abide by such laws and not to transfer, by electronic means or otherwise, any content subject to such restrictions under such laws to any other jurisdiction prohibited by such laws without the necessary government authority to do so.
- Your Account does not confer any rights beyond what is specifically authorized herein and is revocable at FMNC’s sole discretion, at any time without prior notice.
- FMNC may terminate or suspend your Account and/or access to all or part of the Website and/or any products or services available through the Website if:
- FMNC determines that your behaviour is a Prohibited User Behaviour; or
- FMNC determines to cease its operations and/or its provision of any applicable products or services in connection with the Website.
- FMNC has the right to suspend and/or restrict access to parts or all of the Website from time to time with or without notice to you.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
- YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF AND/OR ACCESS TO THE WEBSITE, THE WEBCAST LINK AND RELATED SERVICES (THE “SERVICES”) IS AT YOUR OWN RISK, REGARDLESS OF WHETHER YOU ARE A PAYING CUSTOMER, A USER VIEWING A CEREMONIAL SERVICE REMOTELY, AND/OR OTHERWISE USING THE SERVICES.
- The Website, the Services and all the content therein are provided on an “as is” and “as available” basis, without warranties or representations of any kind. FMNC disclaims all warranties, representations and conditions (express or implied), including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Website, its contents, and the products or services available through the Website or associated with the use of the Website or any website or contents with which it is linked.
- Without limiting the generality of the foregoing, FMNC does not warrant:
- that the Website, the content therein, or any website to which the Website is linked will be available at any particular time, will be provided in an uninterrupted or error-free manner or will be corrected if found to be defective;
- that the Website or the servers that make the Website and its contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful components; or
- that the Website or content therein is free from any viruses, malware, cookies, or other such programmes that may affect the performance or functioning of your device.
- FMNC does not warrant uninterrupted or error-free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by you through the use of the Services.
- In addition, access to the Website, webcast link and/or the Services are available where technology permits; the Services may not operate with all equipment or software, including without limitation all internet applications and appliances; and the Website, webcast and/or the Services may not function correctly, or at all, if:
- your equipment or software, the funeral home’s equipment or software, or FMNC’s equipment or software fails, is not configured correctly, does not meet FMNC’s requirements, or is tampered with;
- there is an internet service outage, a network outage or power failure, or the Services are adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages, the configuration or limitations of equipment, or other operational or technical difficulties; or
- The Services are available only in those areas where the Services have actually been contracted by FMNC. Service availability is also subject to the availability of appropriate facilities and is dependent on the availability of suitable technology at the location(s) at which you wish to obtain the Services.
- Technical compatibility requirements may be changed from time to time in FMNC’s sole discretion. You are solely responsible for updating or maintaining your equipment and the software as necessary to meet such requirements and to ensure uninterrupted access to the Website, webcast link and/or other Services.
- FMNC may, from time to time and in its sole discretion, interrupt the Services in order to carry out system maintenance, reset parameters or update or modify the Services. You agree that FMNC shall not be liable to you for the maintenance and/or updates or for any impact the same may have on your ability to use or access the Services.
- From time to time, FMNC may also need to reset parameters, or update or modify products available on the Website (collectively, “Updates”). Updates will take place as necessary and may be conducted by FMNC in its sole discretion. Updates may interrupt or otherwise impact your use of the Website and FMNC’s other products. You agree that FMNC is not liable to you for any Updates or for any impact said Updates may have on your ability to use the Website and/or FMNC’s other products.FMNC shall make all reasonable efforts to ensure that such Updates and/or technical interruptions do not interrupt, impact the quality of, pause, suspend or in any other way materially affect an ongoing-webcast.
- FMNC is not responsible and does not accept liability for any loss or damage of any submissions (however caused), or any other loss or damage resulting directly or indirectly from your use of the Website and/or your use of and/or access to the Services, including without limitation the following:
- incorrect or inaccurate transcription of entry information or lost, incomplete, misdirected submissions, or submissions received through illegitimate channels, all of which will be deleted;
- the unavailability or inaccessibility of any good or service;
- unauthorized human intervention;
- electronic or human error or technical failures of any kind; or
- any injury or damage to persons or property, including without limitation your computer, which may be caused, directly or indirectly, in whole or in part, from use of the Website and/or use of and/or access to the Services or from downloading or uploading any material from or to the Website.
- You may be able to link to other third party websites through FMNC. It is your responsibility to educate yourself about the risks associated with Internet usage, and to review the applicable terms and policies of any site you visit and/or link thereto. FMNC MAKES NO REPRESENTATION AS TO THE ACCURACY OF CONTENT AVAILABLE ON THIRD PARTY SITES. IF YOU CHOOSE TO VISIT AND LINK OTHER SITES, YOU DO SO AT YOUR OWN RISK.
- FMNC reserves the right to vary, modify, change or discontinue the Website, and/or any feature or function offered on the Website, in whole or in part at any time without notice.
- To the fullest extent permitted by law, under no circumstances shall FMNC be liable for any loss of use, loss of data, loss of income or profit, or loss of or damage to property, or for any damages or any kind or character (including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages), arising out of or in connection with the use of, or the inability to use, the Website or any of the FMNC materials or contents with which it is linked, even if FMNC has been negligent and/or has been advised of the possibility of such damages or losses. Without limiting the foregoing, FMNC is not responsible or liable for any infections or contaminations of your system or for any delays, inaccuracies, errors or omissions arising out of your use of the Website.
- If the applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, then the total liability of FMNC for all damages, losses and causes of action and costs and expenses (including legal fees), whether in contract, tort or otherwise, related to your use of or inability to use the Website or any of the FMNC materials or functions at the Website, shall not exceed the lessor of (i) the amount, if any, paid by you to FMNC in connection with your access to the Website, or (ii) $100.00 in lawful money of Canada.
- Independent Contractors. Your use of the Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and FMNC.