Last revised: 09-24-2019
This document sets out the terms and conditions of use of the websites operated by Red Barrels Inc. (“Red Barrels”) (collectively and individually the “Website”).
Any user of the Website is deemed to have read, accepted and recognized the validity of the terms set out below, and undertakes to respect them and be bound by them. If a user of the Website does not accept these terms and conditions, they must stop using the Website. Red Barrels may, at any moment and without prior notice, modify these terms and conditions. The users of the Website are asked to check regularly if the terms and conditions have been modified. The users are deemed to have accepted any modifications to the terms and conditions if they continue to use the Website following the publication of the modifications.
These terms and conditions form the full set of rights and obligations between Red Barrels and any user of the Website, and replace any terms or prior provision relating to the use of the Website. No verbal or written declaration from an employee or director of Red Barrels, or any other person, may modify or substitute these terms and conditions.
The Website is managed and fed from a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. These terms and conditions, as well as any dispute or misunderstanding resulting from their application, must be interpreted in accordance with these laws. In the case that any part of these terms and conditions were held to be unlawful, null or unenforceable, this part would be deemed to be divisible from all other provisions of these terms and conditions and would thus not affect the validity or enforceability of these other provisions, which would be interpreted without making reference to the removed section. Any litigation resulting from or associated to the use of the Website or to these terms and conditions shall be subjected to the exclusive jurisdiction of the courts of the province of Quebec or a federal Canadian court, in the judicial district of Montreal, despite any potential application of the principle of conflicting laws.
Some jurisdictions do not allow terms and conditions to be governed by the laws of a foreign jurisdiction. Accordingly, applicable laws of Quebec may not apply to you.
The Website is accessible through the use of the Internet and in standard Internet formats. Red Barrels reserves the right to modify these formats at all times and it is the obligation of the user to procure, at their cost, access to the Internet as well as any software required to access the Website.
Copyright
All articles, texts, illustration, images, photographs, information, audio clips, video clips, software and codes available on the Website (the “Content”), including their arrangement and compilation, are protected by Canadian and foreign laws, particularly regarding copyright, and belong to Red Barrels, to its affiliated entities, to its licensors or to the person recognized as having provided the content.
You undertake to respect all other copyright statements, notices or restrictions regarding or in the Content that you can access through the Website. Red Barrels grants you a non-exclusive and non-transferable licence for use and display of the Website on your computer, or other electronic device, solely for the purposes of viewing it on a single screen and for copying a single copy of it for backup or printing on paper, for personal and non-commercial use, under the condition that you do not modify the content and that you retain any notices of copyright. Modification, reproduction, distribution, transmission, broadcast, representation, sharing on networks, marketing, publication, granting of licence, downloading, creation of derived works, display on the Internet, sale or any use of the Website or the Content, including, through storing on a proxy server, framing or similar means, are prohibited.
All software integrated into the Website or found there, particularly but not limited to, any type of source code, and all files or images contained or generated by this software, are protected by copyright and may be protected by other rights. All such software belongs to Red Barrels, to its affiliated entities or to its licensors.
Unless clearly provided otherwise on the Website, no element in the Website shall be interpreted as conferring on you a right, a title, an interest or any other licence in the software integrated within the Website or that can be downloaded from the Website, including, specifically, any form of intellectual property right in the software.
Notice Of Claimed Infringement
If you believe your work or content has been copied and posted to this Website in a way that constitutes copyright infringement, please provide Red Barrels with the following written information in accordance with the Canadian Copyright Act:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Website;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Trademarks
OUTLAST and RED BARRELS are Red Barrels trademarks. Other names, words, titles, phrases, logos, drawings, graphics, icons and marks displayed on the Website may be Red Barrels or third-party trademarks. No item on the Website may be interpreted in such a way as to grant anyone a licence or right to use any Red Barrels or third party logo, drawing or mark.
Required Age
You acknowledge and agree that you are of legal age in the jurisdiction from which you are accessing the Website. If you are under the legal age, you are not permitted to access or use the Website, including accessing advertising or marketing information on the Website. No one under the legal age may access the Website.
If you are of legal age, you acknowledge and agree that you will not forward this Website or share Content with underage persons.
You must be of legal age to purchase any Red Barrels products or to participate in any promotions and offers on the Website.
Notwithstanding the foregoing, if you are located in Canada, the United States or Mexico, you are permitted to access and use the Website if you are 17 of age or older.
Submission of Materials
Unless specific regulations or written procedures by Red Barrels exist in that regard, outlining other terms and conditions, when you submit messages, data, texts, photographs, images, receipts and other materials to Red Barrels, you grant Red Barrels a world, unlimited, irrevocable, non-exclusive, perpetual, fully paid-up licence for: i) use, reproduction, storage, adaptation, translation, modification, creation of derivative work, transmission, distribution or provision for public access to what you submitted for any purpose; and ii) granting sub-licences to third parties for the exercise of any of the aforementioned rights.
In addition to the abovementioned licence, under these terms and conditions, you: i) waive all moral rights regarding your content, ii) consent that your name, address and email address appear regarding your content, where applicable, as well as the sharing or display of this information, iii) acknowledge and agree that Red Barrels shall not be held responsible for any loss, damage or corruption to your content; and, iv) undertake and agree that the items that you supply for display on the Website or that you provide to Red Barrels shall be considered as non-confidential.
You represent and warrant to Red Barrels that i) your content is original; ii) your content does not infringe any intellectual property rights, including without limitation copyright; iii) you are the sole owner of all intellectual property rights, including copyright without limitation, on and to your content or, where applicable, you have obtained written permission from the owner to provide your content; iv) your content does not infringe the privacy or image rights of a third party; v) your content is truthful, accurate, up to date and complete, to your knowledge; and vi) your content is not illegal in any other way.
Red Barrels has no obligation to verify content present on its Website or that is transmitted to it. The user recognizes, nevertheless, that Red Barrels may at any point verify this content, particularly to comply with a law, a regulation, a decree or a request from the authorities, to ensure the correct functioning of the Website or for any other reason, at its discretion. Red Barrels reserves the right to modify, refuse or delete any content present on its Website or that is transmitted to it if Red Barrels considers, at its sole discretion, that this content contravenes these terms and conditions.
Integrity and Accuracy of the Information
Red Barrels shall endeavour to ensure that the information and Content available on the Website are complete, accurate and up to date. This information and Content comes from sources that Red Barrels considers to be reliable, and are regularly updated. However, they may contain inaccuracies, omissions, spelling mistakes or other errors. These errors may relate to the prices, descriptions or availability of products. All images, text, and prices indicated on the Website are based on the most recent information at the time of being placed on the Website. Although Red Barrels tries to ensure the product colours presented online are as accurate as possible, Red Barrels cannot guarantee that the colour will be exactly that of the product.
As a consequence, the Website and all of its Content are made available for users “as is”, without any warranty of any nature whatsoever, express or implied. Without limiting the foregoing, Red Barrels makes no warranty regarding the availability or stability of the Website Content, the possibility to access it, the absence of any virus, or the precision, reliability, accuracy, integrity, exhaustive nature, performance or fitness for a particular purpose of the information provided, including that which relates to partners of Red Barrels, to the legislation or regulation or availability of the services described. The user must take note that the Website is regularly subject to technical maintenance, which may limit or impede access for a temporary or prolonged period.
The Website is accessible by way of the Internet and in standard Internet format. Red Barrels reserves the right to modify these formats at any time and it is incumbent upon the user to obtain Internet access at his or her own cost, as well as any programs required to access the Website. Red Barrels reserves the right to correct any error or change to the Content without prior notice. Red Barrels has full discretion, above and beyond all other rights and recourses at its disposal, without liability, to, in any way, at any time and without prior notice, interrupt or restrict access to any element of its Website.
Red Barrels reserves the right to change the displayed prices at any time and without prior notice. Taxes and delivery fees are not included in the displayed prices. All prices displayed are in US dollars. Despite Red Barrels’ efforts to be as precise as possible, the price of a product appearing on the Web site may be inaccurate. If the product price advertised on the Web site is determined to be inaccurate, Red Barrels reserves the right to either change the price or cancel a purchase made on its Website or otherwise, at its own discretion.
Non-liability
Red Barrels is providing this Website and its contents on an “as-is” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of this Website, the information, content, materials or products, included on this Website. To the fullest extent permitted by law, Red Barrels disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Red Barrels does not represent or warrant that the information accessible via this Website is accurate, complete or current. Price and availability information is subject to change without notice. Red Barrels will not be liable for any damages of any kind arising out of or in connection with the use of this Website. Red Barrels, their affiliated entities, and partners or licensors are in no way liable for direct or indirect damages, including but not limited to, a loss of revenue, customers or data, due to the use or incapacity to use or have access to the Website or the content and items these may allow access to. This limitation applies whether based on contractual or extra-contractual rights, even if Red Barrels has been advised of the possibility of such damages. This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for some damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
Upon Red Barrels’ request, you undertake to indemnify and keep harmless Red Barrels, its affiliates, partners, subsidiaries or licensors as well as their employees, contractors, agents and directors, against any liabilities, claims and costs (including legal fees and costs) resulting from your use or errors in the use of the Website. To the fullest extent possible, you accept to cooperate with Red Barrels for its defence in the context of any situation in which you should provide an indemnity.
Hyperlinks to Third-Party Sites
The Website may contain hyperlinks to third-party websites (“Third-party Sites”) that will navigate you away from the Website. Red Barrels supplies these hyperlinks for your convenience. The Third-party Sites are not controlled by Red Barrels and the hyperlinks cannot be interpreted as an approval or endorsement of their content by Red Barrels. Red Barrels is not responsible for the content of Third-party Sites, for links they contain, or for changes made or updates to these sites and Red Barrels makes no warranty in that regard.
Hyperlinks to the Website
Red Barrels accepts hyperlinks to the Website. However, it does not want to be linked with any third-party website: i) that contains content constituting or encouraging a criminal or penal offence, would affect civil liability or would in any other way constitute an infringement of any municipal, provincial, national or international legislation or regulation, that could affect or harm the activities, credibility or integrity of Red Barrels or that contains, displays or transmits any material or information that extends beyond the moral or legal standards of Canadian society; or ii) that contains, displays or transmits any information, software or other material that breaches or infringes the rights of others, including material that impede privacy rights or privacy protection rights, or that is protected by copyright, trademark or another property right. Red Barrels reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any moment. You agree to remove any hyperlink that you may have to the Website upon the request of Red Barrels.
Accounts
To register and create an account, you must complete the registration form. You will be provided at that moment with a user ID and a password. It is easy to change your account information at any time.
In connection with your account (collectively referred to herein as an “Account”), you must adhere to the following:
(a) Responsibility. You are solely responsible for
(i) your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account; and
(ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.
(b) Notification. You agree to immediately notify Red Barrels of
(i) any unauthorized use of your Account, any service provided through your Account or any password related to your Account; or
(ii) any other breach of security with respect to your Account or any service provided through it; and
you agree to provide assistance to Red Barrels, as requested, to stop or remedy any breach of security related to your Account. In no event will Red Barrels have any liability for any loss or damages that may occur due to the unauthorized or authorized use of your Account or password, with or without your knowledge;
(c) Accuracy. You agree to provide true, current, accurate and complete information as requested by Red Barrels or its agents from time to time and you agree to promptly notify Red Barrels of any changes to this information as required to keep such information held by Red Barrels current, complete and accurate. You agree to not use any other person’s Account at any time, unless you have received direct written consent from the other Account holder. You agree to not share your user ID and password with anyone.
Acceptable Use and Prohibitions
You will ensure that:
(i) you only use the Website for lawful purposes, and
(ii) if at any time you become aware of any violation, by any person or entity, you will immediately notify Red Barrels and provide Red Barrels with assistance, as requested, to stop or remedy such violation.
Without limiting the generality of any other restriction in these terms and conditions, you agree that you will not, in connection with the Website, directly or directly, or permit anyone to post, upload, reproduce, distribute or otherwise transmit any content that:
(i) constitutes unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using email services, including instant messaging, blog or comments) or is otherwise duplicative or unsolicited;
(iii) contains a virus, cancelbots, corrupted files, Trojan horse, worm or other harmful, disruptive, malicious or surreptitious software or program that may damage the operation of another computer or property of another; or
(iii) is defamatory, infringing, or unlawful.
Termination
Red Barrels reserves the right, at its sole discretion, to terminate your access to all or part of the Website, with or without prior notice, specifically in the case of a breach of these terms and conditions.
Confidentiality
Red Barrels’ Privacy Policy, the content of which is available on the Website, is considered to be an integral part of these terms and conditions.
© 2019 Red Barrels Inc. All rights reserved.