THESE TERMS OF USE GOVERN YOUR USE OF THE WEBSITE PLURIPORTAIL (HEREINAFTER: THE "PORTAL") WHICH INCLUDE THE DATABASE AND THE E-MAIL SYSTEM (HEREINAFTER COLLECTIVELY : THE "PORTAL SERVICES") CREATED BY THE EDUCATIONNAL INSTITUTION {CC_ECOLE_NOM} (HEREINAFTER: THE "COLLEGE") FROM THE SOFTWARE PLURIPORTAIL DEVELOPED AND OWNED BY PLURILOGIC INC. (HEREINAFTER: "PLURILOGIC"). IF YOU WISH TO USE THE PORTAL SERVICES, CLICK THE BUTTON "I ACCEPT" AT THE END OF THIS TEXT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, CLICK THE BUTTON "I DECLINE" AND DO NOT USE THE SERVICES OF THE SITE. YOU ARE NOT ALLOWED IN THIS CASE TO USE THE PORTAL SERVICES FOR ANY PURPOSE WHATSOEVER. THIS USER AGREEMENT MAY BE MODIFIED FROM TIME TO TIME IN WHOLE OR IN PART. ANY MODIFICATIONS WILL BE ANNOUNCED ON THE COLLEGE WEBSITE AT LEAST THIRTY (30) DAYS BEFORE ITS EFFECTIVE DATE. ACCEPTANCE OF THE MODIFICATIONS BY CLICKING ON THE BUTTON "I ACCEPT" AND YOUR SUBSEQUENT USE OF THE ONLINE SERVICES WILL BE DEEMED YOUR ACCEPTANCE TO THESE MODIFICATIONS. 1. Intellectual Property i. USER acknowledges that the information and data contained in the database as well as their structure, layout, compilation, user interface and any other information available through the database are the COLLEGE property. ii. USER acknowledges that PLURILOGIC is the sole owner of the trademark « Pluriportail » and holds all intellectual property rights, including copyright, in the Pluriportail software used in the performance of the Portal services. iii. USER is prohibited to modify, reproduce, transmit or publish any information, logo, text, images, software or other content belonging to COLLEGE or PLURILOGIC and obtained from the Portal or to create derivative works of the foregoing elements. 2. Right of use granted i. Subject to the compliance with the present Terms of use, the COLLEGE hereby grants to USER a non-exclusive, revocable license to use the Portal services. ii. USER agrees to comply with all regulations enacted by the COLLEGE and to comply promptly with any request for information or any instruction issued by the COLLEGE. iii. Any improvement or addition to the Portal Services will be subject to these Terms of Use, unless expressly specified otherwise. 3. User ID, password and security i. A user ID and a password (hereinafter: the "Access Code") are required to access the COLLEGE's Portal services and perform any operations. The access code must be kept confidential by the USER. The COLLEGE commits to take reasonable steps to ensure that all access codes are confidential. However, it is USER sole responsibility to ensure and maintain the confidentiality and security of his/her access code and to inform the COLLEGE of any possible security breach. THE COLLEGE IS NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY THE USER AS A RESULT OF THE DISCLOSURE, INTENTIONAL OR NOT, OF ITS ACCESS CODE. ii. At all times, the USER remains sole responsible for any activity generated under his/her access code even in case of loss of confidentiality or illegal use. iii. The Portal services are accessible via the Internet. As a result, the USER is responsible for maintaining in service with an appropriate provider his/her Internet access and for the good working order of its email. COLLEGE AND PLURIOGIC SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OF THE INTERNET ACCESS OR USER'S EMAIL ARISING FROM TECHNICAL PROBLEMS OR FROM A DISPUTE BETWEEN USER AND ITS ACCESS PROVIDER. 4. Restrictions of use i. USER assumes full and sole liability for the quality, reliability and legality of any content, information or message posted through the Portal services or email. ii. The USER undertakes not to use the Portal services for illicit purposes such as : a. change in any way the content of the information contained in the database; b. use the information contained in the database for any purpose other than his/her personal use, and not to allow access to the database or email to anyone; c. forward by email any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, privacy of others, hateful, racist or otherwise objectionable; d. transmit by email any content that contains computer viruses or any other code or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment; e. transmit any unsolicited or unauthorized material by email (including engaging in mass mailing, the transmission of "spam," chain letters or any other form of solicitation); f. attempt to violate the security of the systems implemented on the website and make the site unusable; g. access to other accounts of the other Portal customers or to collect personal information about them. iii. The COLLEGE does not undertake to verify the contents of messages and information sent by USERS. However, the COLLEGE may at its sole discretion and at any time, restrict or prohibit USER's access to the Portal website if it suspects or finds misuse of the services of the website or for any other reason which, as operator of the Portal, it deems appropriate. IN SUCH A CASE, THE COLLEGE WILL NOT BE LIABLE FOR ANY DAMAGE TO USER OR TO ANY THIRD PARTY IF THE COLLEGE HAS DECIDED TO RESTRICT OR PROHIBIT USER ACCESS TO THE PORTAL SERVICES. iv. The COLLEGE reserves the right to remove from the Portal, any message which content is deemed inappropriate or in breach of these Terms of Use or the generally accepted rules of etiquette. v. The COLLEGE reserves its right to disclose any information it deems necessary in good faith a. to comply with any requirement of law or legal process, b. enforce this User Agreement, or c. to protect the rights of its other USERS. 5. Indemnity i. USER hereby agrees to hold harmless the COLLEGE and PLURILOGIC against all suits, claims, damages and expenses (including reasonable attorneys' fees) under any circumstances, resulting directly or indirectly from the wrongful use of the Portal services. 6. Safety of information i. The COLLEGE takes the reasonable technical means to protect the physical security of USER's data and ensure a high level of availability. However, given the public nature of the internet network, user acknowledges and agrees that the security of communications through the internet cannot be guaranteed. THEREFORE, THE COLLEGE CANNOT GUARANTEE NOR SHALL BEAR ANY LIABILITY FOR ANY BREACH OF CONFIDENTIALITY, HACKING, VIRUSES, LOSS OR ALTERATION OF INFORMATION TRANSMITTED OR HOSTED ON COLLEGE'S SYSTEMS. ii. The COLLEGE assumes the protection of USER personal data as described in its Privacy Policy which USER is specifically referred to. YOUR ACCEPTANCE OF THE PRESENT "TERMS OF USE" AND YOUR SUBSEQUENT USE OF THE PORTAL INCLUDE YOUR ACCEPTANCE OF THE TERMS SET FORTH IN THE PRIVACY POLICY SECTION. 7. Warranty Disclaimer i. THE PORTAL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COLLEGE MAKES NO CONVENTIONAL OR LEGAL WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON THE CONTENT OF THE PORTAL SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ii. PLURILOGIC IS NOT RESPONSIBLE FOR THE INFORMATION CONTAINED IN THE DATABASE AND THEREFORE MAKES NO WARRANTY TO THE USER, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE INTEGRITY, ACCURACY, COMPLETENESS, RELIABILITY OR FITNESS FOR A PARTICULAR PURPOSE. iii. PLURILOGIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES RESULTING FROM THE USE, THE CONSULTATION OR DOWNLOAD OF THE DATABASE. MOREOVER, PLURILOGIC ASSUMES NO LIABILITY WITH RESPECT TO THE TRANSMISSION, THE DOWNLOAD, THE CAPTURE OR THE AVAILABILITY OF THE DATABASE OR EMAIL. USER IS SOLE RESPONSIBLE FOR ITS RESEARCH IN THE DATABASE AND THE RESULTS OBTAINED. iv. PLURILOGIC AND/OR THE COLLEGE RESERVES THE RIGHT TO DISCONTINUE THE SERVICE OF THE DATABASE OR E-MAIL, TEMPORARILY OR FOR AN EXTENDED PERIOD, INCLUDING, WITHOUT LIMITATION, IN ORDER TO UPDATE THE CONTENT, TO MAINTAIN OR IMPLEMENT ANY SOFTWARES, TO MAINTAIN OR IMPLEMENT EQUIPMENT OR FOR ANY REASON WHATSOEVER. PLURILOGIC AND/OR THE COLLEGE SHALL NOT BE LIABLE FOR ANY MODIFICATION, SUSPENSION OR INTERRUPTION OF THE DATABASE OR EMAIL FOR ANY REASON WHATSOEVER. MOREOVER, PLURILOGIC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CONTENT OF EXTERNAL WEBSITES ACCESSED THROUGH THE HYPERLINKS PRESENTS ON THE PORTAL, IF ANY. 8. Enforceability i. Any declaration of a court to the effect that any provision hereof is invalid or unenforceable shall not affect the validity or enforceability of any remaining provisions hereof. 9. Entire Agreement i. The present Terms of use for the Portal services and their subsequent amendments constitute the entire Terms of use Agreement between the parties and supersede any other verbal or written representations or preliminary contract that may have preceded the present agreement.