My flamigo

Terms of service

MY FLAMIGO

Terms of Use

Purpose and Agreement

The purpose of the following general terms of use is to define the terms and conditions pertaining to the services offered on the My Flamingo website (hereinafter “the Website”) with regard to the user.

Productions les Affranchis inc. (hereinafter “the Company”) reserves the right to modify, at any moment, the content of these general terms of use. Users are thus advised to consult them regularly.

In accessing the Website, the user accepts the following terms of services.

Intellectual Proprerty

All rights to industrial and intellectual propriety related to the Website, to all quiz content, methodology, and graphic charter thereof, as well as the domain name and all signs, logos, brands and distinctive features of the Website are the sole propriety of the Company.

Any and all acts of reproduction, exhibition, modification, publication, transmission, alteration or data extraction, be it in whole or in part, is strictly forbidden irrespective of the means or support used.

Website Access

All equipments enabling access to the Website, including any telecommunications costs linked to their use, are the sole responsibility of the user.

Furthermore, the user is responsible for insuring all technical equipment specifications nessesary to access the Website are met, and assumes all responsibility with regard to the protection of the equipment used, and the data stored therein, against malware.

All information provided by the user shall be exact and complete, so as to ensure the proper operation of the services provided on the Website.

Any use of the Website by a minor is the sole responsibility of his/her legal guardian.

Authorized Usage

En aucun cas l’utilisateur ne peut utiliser le site d’une manière susceptible de provoquer une détérioration du Site, du matériel ou des logiciels qui y sont associés, ou d’une manière qui entraverait ou empêcherait le fonctionnement total ou partiel du site, temporairement ou définitivement.

Quizzes

All quizzes provided on the Website are for entertainment purposes only. 

Submitted Content

By submitting content through the Website, the user automatically grants the Company an irrevocable non-exclusive licence to use said content, on all media, whether known or hereinafter devised, throughout the world and in perpetuity. In using this service, the user also waves any ‘moral’ rights related to this content.

In using the Website, the user warrants and represents to the Company that he/she owns and controls all right, title and interest in and to the content submitted, including but not limited to rights secured from third parties, and that such content does not violate any intellectual property right, property right, or any other third-party right of any nature whatsoever. The user further warrants that such content complies with the law, and that it contains no defamatory material.

The Company reserves the right to remove, at its sole discretion, any element it deems unlawful or prejudicial to a third party, and to block a user from accessing the Website.

Personnal Information

The user understands and agrees that the personnal information gathered by the Website is disclosed voluntarily by the user, and that this information is saved for the purpose of publicly sharing a quiz on the Website.

The Company shall ensure the utmost confidentiality with regard to the personnal information thus collected.

Consequently, the Company shall limit its use of this information to the following:

The Company shall protect, through circumstance-appropriate security measures, all personnal information with which it is entrusted.

The Company shall use its users’ personnal information to no other ends than those outlined herein without prior consent from the user.

However, the Company reserves the right to divulge information regarding the users of the Website in the following situations: to comply with a law or regulation, to ensure its defense in the event of legal procedures, or to protect its rights or those of its users.

In order to improve user experience, the Website uses cookies. These cookies are small-sized files sent to the user’s internet browser and saved on the hard drive of the computer used. Such protocols are anonymous and are, in no circumstances whatsoever, used to collect personnal information other than within the purview of statistical data collection regarding the user’s browsing. The user may elect to decline such cookies through the preferences configuration of the browser used.

Liability

All data presented to the user on the Website, including quiz results, is intended for information and entertainment purposes only. Under no circumstances can the Company guarantee, nor be held liable for, the reliability or accuracy of such data.

The aforementionned data shall, under no circumstances, be considered advice nor recommendation of any kind whatsoever. Quiz results, especially, shall be used for no purpose other than entertainment.

The Website contains, or may contain, hyperlinks to third-party websites, or may refer to such websites directly or indirectly. Under no circumstances shall the Company be held liable for the content or features of such websites or pages, nor for any loss or damage which may result from their use.

The user understands and agrees that, by virtue of the nature to the internet, the Company cannot guarantee absolute data securisation. Consequently, the Company shall not be held liable for any prejudice resulting from the transmission of any type of information by the user through the Website or any kind of communication.

The Company reserves the right to modify the information published on the Website or to interrupt its service, at its sole discretion, at any moment and without prior notice, including the right to discontinue all activity on the site, with or without prior notice, and shall not be held liable for electing to do so.

The Company issues no warranty with regard to the proper functionning of the Website, and shall under no circumstances be held liable for any malfunctionning of the Website, nor for any temporary unavailability issue, or damage resulting from such an access or usage issue. The Company offers no warranty, express nor implicit, regarding the functionning of the Website or the services provided thereon.

Relations with Third Parties

The user understands and agrees that all communications and business relationships with third parties, namely with advertisers on the Website, including the payment and delivery of goods and services pertaining to the Website, as well as any other conditions, declarations and warranties related to these transactions, are the sole responsibility of the user and the involved third party. The Company shall not be held liable, under any circumstances whatsoever, for any and all costs incurred within the context of such transactions. Furthermore, the user assumes the entire responsibility for these transactions and their compliance to all applicable laws. The user understands that the Company may not be held liable, in any manner whatsoever, whether directly or indirectly, for any loss or damage, of any sort, suffered within the context of such transactions or relations, or relative thereto.

Applicable Law / Jurisdiction

The present agreement between the user and the Company shall be governed, construed and enforced in accordance with the laws of  the province of Quebec, Canada. For the purposes of any legal proceedings resulting from this agreement, the parties elect domicile in the judicial district of Montreal, province of Quebec, Canada, and choose the latter as the appropriate district for the hearing of all claims arising from- or pursuant to the interpretation, application, implementation, coming into effect, validity or effects of the present terms of use.