Mapping Matter Terms of Service
Last updated: November 03, 2016
This agreement (“Agreement”) governs your (“You”, “Your”) use of the services for web based audiovisual simulations (“Services”) provided by 9263-8543 QUEBEC INC. (“Mapping Matter”) on the website www.mappingmatter.com.
You represent that you are legally able to enter into this Agreement and that if you are entering into this Agreement on behalf of an entity (such as the company you work for) that you have the legal authority to bind that entity to this Agreement.
The Services are licensed, not sold, to You by Mapping Matter for use strictly in accordance with the terms of this Agreement.
1 Restrictions
You agree not to, and you will not permit any third-party to: license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party; copy or use the Services for any purpose other than as permitted under this Agreement; modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Services; remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Mapping Matter or its affiliates, partners, suppliers or the licensors of the Services.
2 Modifications to the Services
Mapping Matter reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services or any other service to which it connects, with or without notice and without liability to you.
Mapping Matter may, from time to time, provide enhancements or improvements to the features/functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Services. You agree that Mapping Matter has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Services to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Services, and (ii) subject to the terms and conditions of this Agreement.
3 Payment Terms
The Services are billed on a subscription basis ("Subscription"). You will be billed the fees associated to the chosen subscription (“Fees”) in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mapping Matter cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Mapping Matter.
A valid payment method of the Fees, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Mapping Matter with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Mapping Matter to charge all Fees incurred through your account to any such payment instruments.
Mapping Matter in its sole discretion and at any time, may modify the Fees for the Services. Any Fees change will become effective at the end of the then-current Billing Cycle. Mapping Matter will provide you with a reasonable prior notice of any change in Fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for the Services may be considered by Mapping Matter on a case-by-case basis and granted in sole discretion of Mapping Matter.
Should automatic billing fail to occur for any reason, Mapping Matter will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
4 Free Trial of the Services
Mapping Matter may, at its sole discretion, offer a Subscription with a free trial of the Services for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Mapping Matter until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Fees for the type of Subscription you have selected.
At any time and without notice, Mapping Matter reserves the right to (i) modify the terms and conditions of the Free Trial offer; or (ii) cancel such Free Trial offer.
5 Intellectual Property
The Services, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of Mapping Matter.
All Intellectual Property Rights in and on the Services are owned by Mapping Matter or licenced to Mapping Matter (the “Material”).
As per this Agreement, “Intellectual Property Rights”, refers, but is not limited to patents, trademarks (whether or not registered),
registered or unregistered design rights, copyrights (including, but not limited to, ownership rights in all titles, computer code, source code, themes, objects, sounds, audio-visual effects and methods of operation, moral rights and any related documentation), database rights, any and all rights in trade dress and packaging, trade secrets, any and all registrations and applications, renewals and extensions of, in and to the rights set forth above and all rights of an equivalent nature anywhere in the world.
You may not display and copy, download or print portions of the Material from the Services without prior written consent of Mapping Matter. Any other use is strictly prohibited. This Agreement does not grant you a license to use any trademark of Mapping Matter or its affiliates.
You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
6 Licence of the Services
Subject to the payment of the Fees and the terms and conditions of this Agreement, Mapping Matter shall grant to You a worldwide, time-limited to the term of the Subscription, non-exclusive, personal, revocable, non-perpetual, and non-transferable license to use, access, display and/or otherwise interact with the Services.
7 Marketing of Your Trademark
Mapping Matter claims no copyright or other ownership rights in the Content that is uploaded to the Services. You grant to Mapping Matter a non-exclusive, royalty-free, paid-up right and license to use, reproduce, display and distribute such Content in connection with Mapping Matter’s provision of the Services to you and your Users.
8 Your Suggestions
By submitting comments, feedback, bug reports, product suggestions to Mapping Matter, You acknowledge and agree that Mapping Matter is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to You.
9 Content
The Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You grant to Mapping Matter a non-exclusive, royalty-free, paid-up right and license to use, reproduce, display and distribute such Content in connection with Mapping Matter’s provision of the Services to you and your Users.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Mapping Matter reserves all its rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
10 Accounts
When you create an account with Mapping Matter, you must provide Mapping Matter information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.
You agree not to disclose your password to any third party. You must notify Mapping Matter immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
11 Links to Other Web Sites
The Services may contain links to third-party web sites or services that are not owned or controlled by Mapping Matter.
Mapping Matter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mapping Matter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Mapping Matter strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12 Termination
Mapping Matter Online may terminate or suspend access to the Services, without prior notice or liability, for any reason whatsoever, if you breach any terms of this Agreement. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
13 Indemnification
You agree to indemnify, defend and hold harmless Mapping Matter, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of the terms of this Agreement; (c) anything you create or upload to the Services; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.
14 Limitation of Liability
MAPPING MATTER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF THE SERVICES; (II) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON OR RELATED TO THE SERVICES; (IIV) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES; AND (V) THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CLAIM IN LAW, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15 Disclaimer and Non-Waiver of Rights
Mapping Matter does not make any warranties of merchantability or fitness for a particular purpose. You expressly agree that the use of the Services is at your own risk. The Services are provided “As Is” and “As Available” for Your use without warranties or conditions, either express ,implied, or statutory. In particular, Mapping Matter does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
If you breach any of the terms of this Agreement and Mapping Matter chooses not to immediately act, or chooses not to act at all, Mapping Matter shall still be entitled to all rights and remedies at any later date, or in any other situation, where you breach any terms of this Agreement. Mapping Matter does not waive any of its rights. Mapping Matter shall not be responsible for any purported breach of any terms of this Agreement caused by circumstances beyond its control. A third party who is not a party to this Agreement shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under this Agreement.
16 Governing Law
This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
17 Jurisdiction
The sole and exclusive venue and jurisdiction over any action, claim, demand, proceeding or lawsuit whatsoever arising under or in relation to this Agreement shall be the courts of the province of Quebec or the federal courts of Canada situated therein, as applicable, sitting in the district of Montreal. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of Intellectual Property Rights in any appropriate jurisdiction. The Parties waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts.
18 Changes
Mapping Matter reserves its right, at its sole discretion, to modify or replace any terms of this Agreement at any time. If a revision is material we will make reasonable efforts to provide at least fifteen (15) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
19 English Language Controls
If there are any discrepancy between the English version of this Agreement and any version of another language, the English version takes precedence. If You are in Canada, it is the express wish of both Parties that this Agreement and any associated documentation, be written and signed in English. Il est de la volonté expresse des parties que le Agreement et tous les documents s’y rattachant soient rédigés en anglais.
If you have any questions about these Terms, please contact us.
Last updated: November 03, 2016
This agreement (“Agreement”) governs your (“You”, “Your”) use of the services for web based audiovisual simulations (“Services”) provided by 9263-8543 QUEBEC INC. (“Mapping Matter”) on the website www.mappingmatter.com.
You represent that you are legally able to enter into this Agreement and that if you are entering into this Agreement on behalf of an entity (such as the company you work for) that you have the legal authority to bind that entity to this Agreement.
The Services are licensed, not sold, to You by Mapping Matter for use strictly in accordance with the terms of this Agreement.
1 Restrictions
You agree not to, and you will not permit any third-party to: license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party; copy or use the Services for any purpose other than as permitted under this Agreement; modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Services; remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Mapping Matter or its affiliates, partners, suppliers or the licensors of the Services.
2 Modifications to the Services
Mapping Matter reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services or any other service to which it connects, with or without notice and without liability to you.
Mapping Matter may, from time to time, provide enhancements or improvements to the features/functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Services. You agree that Mapping Matter has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Services to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Services, and (ii) subject to the terms and conditions of this Agreement.
3 Payment Terms
The Services are billed on a subscription basis ("Subscription"). You will be billed the fees associated to the chosen subscription (“Fees”) in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set either on a monthly or annual basis, depending on the type of plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mapping Matter cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Mapping Matter.
A valid payment method of the Fees, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Mapping Matter with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Mapping Matter to charge all Fees incurred through your account to any such payment instruments.
Mapping Matter in its sole discretion and at any time, may modify the Fees for the Services. Any Fees change will become effective at the end of the then-current Billing Cycle. Mapping Matter will provide you with a reasonable prior notice of any change in Fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for the Services may be considered by Mapping Matter on a case-by-case basis and granted in sole discretion of Mapping Matter.
Should automatic billing fail to occur for any reason, Mapping Matter will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
4 Free Trial of the Services
Mapping Matter may, at its sole discretion, offer a Subscription with a free trial of the Services for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Mapping Matter until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Fees for the type of Subscription you have selected.
At any time and without notice, Mapping Matter reserves the right to (i) modify the terms and conditions of the Free Trial offer; or (ii) cancel such Free Trial offer.
5 Intellectual Property
The Services, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of Mapping Matter.
All Intellectual Property Rights in and on the Services are owned by Mapping Matter or licenced to Mapping Matter (the “Material”).
As per this Agreement, “Intellectual Property Rights”, refers, but is not limited to patents, trademarks (whether or not registered),
registered or unregistered design rights, copyrights (including, but not limited to, ownership rights in all titles, computer code, source code, themes, objects, sounds, audio-visual effects and methods of operation, moral rights and any related documentation), database rights, any and all rights in trade dress and packaging, trade secrets, any and all registrations and applications, renewals and extensions of, in and to the rights set forth above and all rights of an equivalent nature anywhere in the world.
You may not display and copy, download or print portions of the Material from the Services without prior written consent of Mapping Matter. Any other use is strictly prohibited. This Agreement does not grant you a license to use any trademark of Mapping Matter or its affiliates.
You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
6 Licence of the Services
Subject to the payment of the Fees and the terms and conditions of this Agreement, Mapping Matter shall grant to You a worldwide, time-limited to the term of the Subscription, non-exclusive, personal, revocable, non-perpetual, and non-transferable license to use, access, display and/or otherwise interact with the Services.
7 Marketing of Your Trademark
Mapping Matter claims no copyright or other ownership rights in the Content that is uploaded to the Services. You grant to Mapping Matter a non-exclusive, royalty-free, paid-up right and license to use, reproduce, display and distribute such Content in connection with Mapping Matter’s provision of the Services to you and your Users.
8 Your Suggestions
By submitting comments, feedback, bug reports, product suggestions to Mapping Matter, You acknowledge and agree that Mapping Matter is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to You.
9 Content
The Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You grant to Mapping Matter a non-exclusive, royalty-free, paid-up right and license to use, reproduce, display and distribute such Content in connection with Mapping Matter’s provision of the Services to you and your Users.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Mapping Matter reserves all its rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
10 Accounts
When you create an account with Mapping Matter, you must provide Mapping Matter information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.
You agree not to disclose your password to any third party. You must notify Mapping Matter immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
11 Links to Other Web Sites
The Services may contain links to third-party web sites or services that are not owned or controlled by Mapping Matter.
Mapping Matter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Mapping Matter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Mapping Matter strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
12 Termination
Mapping Matter Online may terminate or suspend access to the Services, without prior notice or liability, for any reason whatsoever, if you breach any terms of this Agreement. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
13 Indemnification
You agree to indemnify, defend and hold harmless Mapping Matter, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of the terms of this Agreement; (c) anything you create or upload to the Services; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.
14 Limitation of Liability
MAPPING MATTER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF THE SERVICES; (II) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON OR RELATED TO THE SERVICES; (IIV) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES; AND (V) THE UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CLAIM IN LAW, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
15 Disclaimer and Non-Waiver of Rights
Mapping Matter does not make any warranties of merchantability or fitness for a particular purpose. You expressly agree that the use of the Services is at your own risk. The Services are provided “As Is” and “As Available” for Your use without warranties or conditions, either express ,implied, or statutory. In particular, Mapping Matter does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
If you breach any of the terms of this Agreement and Mapping Matter chooses not to immediately act, or chooses not to act at all, Mapping Matter shall still be entitled to all rights and remedies at any later date, or in any other situation, where you breach any terms of this Agreement. Mapping Matter does not waive any of its rights. Mapping Matter shall not be responsible for any purported breach of any terms of this Agreement caused by circumstances beyond its control. A third party who is not a party to this Agreement shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under this Agreement.
16 Governing Law
This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
17 Jurisdiction
The sole and exclusive venue and jurisdiction over any action, claim, demand, proceeding or lawsuit whatsoever arising under or in relation to this Agreement shall be the courts of the province of Quebec or the federal courts of Canada situated therein, as applicable, sitting in the district of Montreal. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of Intellectual Property Rights in any appropriate jurisdiction. The Parties waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts.
18 Changes
Mapping Matter reserves its right, at its sole discretion, to modify or replace any terms of this Agreement at any time. If a revision is material we will make reasonable efforts to provide at least fifteen (15) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.
19 English Language Controls
If there are any discrepancy between the English version of this Agreement and any version of another language, the English version takes precedence. If You are in Canada, it is the express wish of both Parties that this Agreement and any associated documentation, be written and signed in English. Il est de la volonté expresse des parties que le Agreement et tous les documents s’y rattachant soient rédigés en anglais.
If you have any questions about these Terms, please contact us.