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Conditions d'utilisation

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TERMS OF USE

These Terms of Use (“Terms of Use”) apply to the website located at www.onedrop.org, as well as to other One Drop related websites, mobile applications and services that link to these Terms of Use (collectively, the “Website”) and that are under the control of One Drop Foundation (hereinafter referred to as “One Drop”, “we”, “us”, or “our”).

Please take the time to read and understand our Terms of Use; they constitute a legal document that describes your rights and responsibilities as a user. These Terms of Use also include the One Drop Privacy Policy.

By using this Website, you acknowledge that you have reviewed, and agree to be bound by, these Terms of Use, the Privacy Policy, all disclaimers and terms and conditions that appear elsewhere on this Website and all applicable laws. If you are dissatisfied with these Terms of Use, the Website’s content or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this Website.

Content of the Website

The Website contains information including, without limitation, reports, data, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property and proprietary rights and other material (collectively “Content”) belonging to One Drop, its affiliates or to third parties who may from time to time associate themselves with One Drop for the implementation of its projects, their funding or the carrying out of its fundraising or corporate activities.

You acknowledge that the Content belongs exclusively to its respective owner. It is therefore forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Content without the express authorization of each respective owner.

By using the Website, you acknowledge and agree that all Content is protected by copyright, trademark and other intellectual property and proprietary rights in effect in Canada, the United States, Europe and elsewhere, and that these rights are valid and protected in all forms, mediums and technologies that exist now or are developed or created in the future. No right, title or interest in any Content on the Website, including, but not limited to, One Drop logos and other marks, is transferred to you as a result of your use of the Website and One Drop and respective owners reserve complete title and full intellectual property rights in and to such Content.

Nothing in these Terms of Use grants you any rights in the Website other than as necessary to enable you to access and use the Website. You agree not to try to circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Content.

Your Obligations as a User

You must access and use the Website only in a manner that, in One Drop’s sole discretion, is consistent with the purposes of the Website. As a condition of your use of the Website, you agree not to engage in any legal or illegal activity that either harms One Drop, its mission or its partners. Any use of the Website or any other action that causes a disruption in One Drop’s mission, threatens or compromises the security of One Drop, its partners or One Drop’s mission, whether directly or indirectly, is strictly prohibited. Without limiting the foregoing, you will not use the Website in any way that would interfere with its operation nor submit any content to the Website which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.

To use the Website you must have reached the legal majority as prescribed by local laws where you are visiting the Website. You may use information about One Drop purposely made available by One Drop for downloading or copying from this site, provided that you:

• Do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices;
• Use such information solely for your personal, non-commercial purposes and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and
• Do not make any representations or warranties relating to such information.

By visiting the Website, you agree not to post, publish, transmit or communicate m essages that might involve a criminal offence or that could be detrimental to One Drop.

Any illegal or unauthorized use of our Website shall constitute a violation of our Terms of Use. You do not have permission to access our Website in any way that violates these Terms of Use, the laws or regulations of Canada or the country from which you are visiting the Website. Illegal or unauthorized use of our Website includes, but is not limited to: (i) using the Website in a way that would facilitate copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part; or (ii) using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of the Website or any network connected to the Website or reproduce or circumvent the navigational structure or presentation of the Website or any Content.

Remedies and Indemnification

One Drop reserves the right, at its sole discretion, to (i) determine if the Website is being used for any of the foregoing prohibited activities and (ii) to terminate or suspend access to the Website at any time without notice and for any reason whatsoever. Violation of these Terms of Use may result in civil liability, and One Drop in its sole discretion, may investigate incidents that are contrary to these Terms of Use and provide requested information to third parties who have provided notice to One Drop stating that they may have been harmed by your failure to abide by these Terms of Use. One Drop may bring legal action to enjoin violations and collect damages caused by any violation of any part of these Terms of Use.

You agree to indemnify and hold One Drop and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you, or in any way arising out of the use of the Website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

A) YOUR USE OF THE Website IS AT YOUR OWN RISK. THE Website IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, We EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE Website AND ITS Content, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.

B) WITHOUT LIMITING THE FOREGOING, One Drop DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THE Website IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE Website WILL MEET YOUR REQUIREMENTS; (III) USE OF THE Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Website WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE Website OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE Website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE Website WILL BE CORRECTED.

C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Website IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT One Drop OR ANY OF ITS AFFILIATES OR THIRD PARTIES WITH WHOM One Drop ASSOCIATES ITSELF FROM TIME TO TIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

D) WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM One Drop OR THROUGH OR FROM THE Website SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE Terms of Use.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL One Drop OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM One Drop ASSOCIATES ITSELF FROM TIME TO TIME, BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE Website OR FROM ACTIONS TAKEN OR NOT TAKEN PURSUANT TO THESE Terms of Use, OR FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE Website OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, FRAUDULENT ACTIVITY, ANY MISREPRESENTATION BY A THIRD PARTY MADE IN RESPECT OF THE Website OR Content THEREIN, ANY FAILURE BY One Drop TO ENSURE THAT IT DOES NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, ANY HYPERLINK ON THE Website TO ANY THIRD PARTY SITE, ANY LOSS OR DAMAGE INCURRED BY DELAYS OR ERRORS IN, OR THE DOWNTIME OF, THIS Website OR RESULTING FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET OR OF A THIRD-PARTY TELECOMMUNICATION SERVICE, OR OTHERWISE, EVEN IF One Drop WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, AND WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL One Drop OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM One Drop ASSOCIATES ITSELF FROM TIME TO TIME, LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, TORT, EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Website OR YOUR USE OF THE Content, EVEN IF One Drop WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE Website OR ANY Content ON THE Website, OR WITH THESE Terms of Use, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Website.

IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN One Drop AGGREGATE LIABILITY (AND THAT OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM One Drop’s ASSOCIATES ITSELF FROM TIME TO TIME) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN $100). SHOULD THE LIMITATION OF LIABILITY SET FORTH ABOVE NOT APPLY IN ANY PARTICULAR CASES, ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE One Drop Website OR ITS Terms of Use MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.

Hyperlinks

The Website may contain hyperlinks or references to third party websites other than the Website itself. Any such hyperlinks or references are provided for your convenience only. One Drop has no control over third party websites and accepts no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party website is governed by the terms and conditions and privacy policies of that third-party website.

Suspected Violation

Violation of these Terms of Use and of any other One Drop policies or agreement, including unauthorized use of the Website, may be investigated and suitable legal actions may be taken, including, without limitation, civil, criminal and injunctive remedy. You understand and agree that One Drop may, at its sole discretion and without prior notice, terminate your access to the Website or exercise any other remedy it sees fit, if One Drop deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom One Drop believes you act in concert with, violates or is in breach of these Terms of Use or the law, or violates the rights of One Drop, its affiliates or any third parties with whom One Drop associates itself from time to time, a donor of One Drop or any other user on our Website.

Modifications

One Drop reserves the right to make changes to the Website, these Terms of Use at any time. Each time you use the Website, you should visit and review the then current Terms of Use and Privacy Policy that apply to your transactions and use of the Website. Please refer to the last update date which appears at the top of this page to know the posting date of any change to these Terms of Use. Your continued use of the Website following any modification to these Terms of Use constitutes your agreement to such modified Terms of Use.

Governing Law

One Drop’s Website is operated from Montreal, Province of Quebec, Canada. These Terms of Use shall therefore be governed by, construed and enforced in accordance with the laws in force in the Province of Quebec and the applicable laws of Canada, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec, Canada in respect of any action or proceeding arising out of or related to the Website.

General

These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and One Drop with respect to your use of the Website and supersede all previous agreements, understandings and representations relating thereto. Titles used in these Terms of Use and the Privacy Policy are for convenience of reference only are not to be used for their interpretation or construction. No failure by One Drop to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any term or provision of these Terms of Use or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms of Use will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the fullest extent permitted by the applicable law. In lieu of each term or provision of these Terms of Use which is invalid or unenforceable, there shall be added as a part of these Terms of Use a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable. All requests for information about our Terms of Use may be sent to contact@onedrop.org with a mention “Legal/Terms of Use” in its subject line.