Last Updated: January 2022
1. ACCEPTANCE OF THE WEBSITE TERMS OF SERVICE
These website terms and conditions of use for adstanding.com constitute a legal agreement and are entered into by and between you, the User (hereinafter “you”, “your”), and ADSTANDING INC. (herein after, “Adstanding”, “we”, “us” or “our”). The following terms and conditions, together with our Privacy Policy, expressly incorporated herein by reference and found at https://www.adstanding.com/privacy-policy/ (collectively, the “Terms of Service”), apply to all Users and govern your access to and use, including any content, functionality, and services, offered on or through adstanding.com website and the Adstanding application for mobile devices (collectively, the “Website”).
BY DOWNLOADING OUR SOFTWARE AND VISITING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO COMPLY AND TO BE BOUND WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE LEAVE THE WEBSITE IMMEDIATELY AND DO NOT ACCESS OR USE THE WEBSITE.
If you are an entity other than a natural person, the natural person who visits or uses our Website must have the authority to bind the entity. In this context, “you” means both the entity and each natural person who is authorized to visit or use our Website on behalf of such entity.
2. DEFINITION
All capitalized terms found in these Terms of Service have the meaning set forth herein below:
a. “Adstanding Parties” means Adstanding Inc., its affiliated companies as well as their respective directors, officers, shareholders, employees, agents, independent service providers and counsel.
b. “Personal Information” is generally defined by applicable privacy and data protection laws as any information that relates to an identified or identifiable individual and includes any information or set of information that identifies or could be used to identify an individual, either directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or by one or more factors specific to the physical, physiological, genetic, economic, mental, cultural or social identity of that individual. Personal Information does not include information that is anonymized or de-identified in such a way that an individual cannot be identified.
c. “User” means any Person using or visiting our Website.
d. “Person” is to be interpreted broadly and includes an individual (i.e. a natural person), a partnership, a corporation, a company, a trust, an unincorporated association, a joint venture entity or any other entity.
e. “Representative” means, relating to a Person, such Person’s directors, officers, employees, agents, subcontractors, independent contractors and counsel.
3. MODIFICATIONS TO TERMS OF SERVICE AND TO THE WEBSITE
We reserve the right in our sole discretion to revise and update these Terms of Service from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and the continued use of the Website. You agree to periodically review these Terms of Service in order to be aware of any such modifications. YOUR CONTINUED USE OF THE WEBSITE SHALL BE YOUR ACCEPTANCE OF MODIFICATIONS TO TERMS OF SERVICE. Information, content and material on the Website may be changed, withdrawn, or terminated at any time in our sole discretion, without notice to you. Adstanding will not be liable if, for any reason, all or any part of the Website is restricted to Users or unavailable at any time or for any period of time.
4. YOUR USE OF THE WEBSITE
Subject to the terms hereof, we grant you access to our Website, including, but not limited to, the right to:
- use all related functionalities that we may provide; and
- download software: we may offer the Adstanding application for mobile devices (the “App”) directly or through third-party stores. Subject to your compliance with these Terms of Service which apply to our App, Adstanding grants you a limited, non-exclusive, non-transferable, revocable licence to download and use our App. We may update our App from time to time to add new features and correct bugs. You shall ensure that you are using the most recent version of the App compatible with your device, but we cannot guarantee that you will be able to use the most recent version of the App on your device.
5. SECURITY
The security of Personal Information is very important to us. We use physical, electronic, and administrative measures designed to secure your Personal Information, as well as Personal Information you may provide to us, from accidental loss and from unauthorized access, use, alteration, and disclosure. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete.
Notwithstanding the above, the safety and security of your information also depend on you. Users are responsible for obtaining their own access to the Website and are required to ensure that all Persons who access the Website through a User’s Internet connection are aware of these Terms of Service and comply with them. The Website, including content or certain areas of the Website, may require User registration.
TRANSMISSION OF INFORMATION THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. ALTHOUGH WE DO OUR BEST TO PROTECT YOUR PERSONAL INFORMATION OR PERSONAL INFORMATION YOU MAY PROVIDE TO US, WE CANNOT GUARANTEE THE SECURITY OF INFORMATION TRANSMITTED TO OUR WEBSITE. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK AND PERIL. WE ARE NOT RESPONSIBLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE NOR ARE WE RESPONSIBLE FOR ANY LOSS OF YOUR DATA.
Your provision or registration of Personal Information to the Website through any functionality such as contact forms, applications, chat rooms, email, message boards, comments sections, group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy found at https://www.adstanding.com/privacy-policy/.
YOU ARE PROHIBITED FROM ATTEMPTING TO CIRCUMVENT AND FROM VIOLATING THE SECURITY MEASURES OF THIS WEBSITE, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security; (c) restricting, disrupting or disabling service to Users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail bombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
6. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You understand and agree that the Website and its entire contents, features and functionality, including, but not limited to, all information, software, source code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Adstanding, its licensors or other providers and creators of such featured content and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secrets, and any other proprietary rights.
The Adstanding company name, the Adstanding trademark, the Adstanding logo, and all related names, logos, product and service names, designs, images, and slogans (collectively, the “Marks”) are intellectual property of Adstanding Inc. or its affiliates or licensors. You must not use such Marks without our prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the intellectual property of their respective owners. Use of any Marks or third-party intellectual property, except as expressly authorized by us (or their respective owners, as the case may be), shall constitute an infringement or violation of the rights of the intellectual property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may use the Website for business or commercial purposes only. Consequently, you must not access or use for any personal use any part of the Website or any services or materials available through the Website.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content and materials on our Website, in any form or medium whatsoever except:
(a) you may copy and transmit the link to our homepage to third parties for their business purposes, provided you respect provisions of Section 10;
(b) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(c) a reasonable number of copies for may be printed keeping any proprietary notices thereon, which copies may only be used for your business purposes and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
(d) in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.
Users are not permitted to modify copies of any content or materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If you print off, copy or download any part of our content or Website in breach of these Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted to you hereby are reserved by Adstanding and, where applicable, by other providers and creators of content. Any use of the Website not expressly permitted by these Terms of Service is a breach hereof and may infringe or violate copyright, trademark, and other intellectual property rights or other proprietary laws.
7. SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION
Adstanding has the right, without any provision of notice to you to:
(e) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website;
(f) terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.
YOU WAIVE AND HOLD HARMLESS ADSTANDING AND ADSTANDING PARTIES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ADSTANDING AND ANY OF THE ADSTANDING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER ADSTANDING OR ADSTANDING PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
Adstanding has no obligation, nor any responsibility to you or any Person to monitor the Website or its use. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any third party, subject to applicable laws.
8. NO RELIANCE
The content on our Website is provided for informational purposes about our services. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from taking, any action or inaction on the basis of the content on our Website.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR WEBSITE, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND PERILS AND NEITHER ADSTANDING NOR ADSTANDING PARTIES HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR YOUR USE OF THIS WEBSITE.
This Website may include content provided by third parties. All statements and opinions expressed in any such third-party content are solely the opinions and the responsibility of the Person providing such content. Such content does not necessarily reflect our opinion(s). NEITHER ADSTANDING NOR ADSTANDING PARTIES HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU, OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY THIRD-PARTY MATERIALS.
9. PRIVACY
By submitting Personal Information and using our Website, you (i) confirm and represent that you have the authority to submit such Personal Information (whether yours or belonging to another individual) and (ii) consent to the Processing of such Personal Information in compliance with our Privacy Policy, found at https://www.adstanding.com/privacy-policy/, as we deem necessary for use of the Website.
By using this Website you are also consenting to the use of cookies in compliance with the above-mentioned Privacy Policy.
For the purposes of these Terms of Service, “Processing” of Personal Information means any operation or set of operations performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
10. THIRD-PARTY WEBSITES
For your convenience, this Website may provide hyperlinks or pointers to third-party sites or services. These hyperlinks are not intended as an endorsement or referral to the linked websites. Your use of each such website or service is subject to terms of service of those websites or services. You are solely responsible for your own compliance with such terms of service. Failure to comply may result in the termination of your account with a third-party service provider and inability to use a particular feature we offer. By using a third-party website, you agree that your Personal Information may be collected by the applicable owner(s) of such website(s) in compliance with their privacy policy which may differ from ours.
We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk and peril. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of such websites. We are not responsible for providing customer service with respect to third-party sites.
Hyperlinks to third-party sites from the Website may include hyperlinks to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms of Service and the standards set out herein below. Consequently, the website (including its contents and materials) to which you are linking our homepage does not in any manner:
(a) violate any applicable federal, provincial, local, or international law or regulation or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy found at https://www.adstanding.com/privacy-policy/;
(b) violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media platform;
(c) include or contain any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminating based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Adstanding’s sole discretion;
(d) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or asking for Personal Information as prohibited under applicable laws and regulations;
(e) provide or contribute any false, inaccurate, or misleading information;
(f) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these standards in this Section 10;
(g) transmit, or procure the sending of any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(h) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or other Users of the Website or expose us or them to liability;
(i) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other Person;
(j) promote any illegal activity, or advocate, promote, or assist any unlawful act;
(k) give the impression that your linking of our Website originates from or is endorsed by us, if this is not the case.
You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
11. GEORGRAPHIC RESTRICTIONS
We are based in the Province of Quebec in Canada. We provide this Website for worldwide use; however this Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
12. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK AND PERIL. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER ADSTANDING NOR ADSTANDING PARTIES MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER ADSTANDING NOR ADSTANDING PARTIES REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER ADSTANDING NOR ADSTANDING PARTIES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAIL BOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR WEBSITE, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.
13. LIMITATION ON LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL ADSTANDING OR ADSTANDING PARTIES BE LIABLE FOR ANY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON, EVEN IF ADSTANDING OR ADSTANDING PARTIES WAS(WERE) ALLEGEDLY ADVISED OF OR HAD REASON TO KNOW THE POSSIBILITY OF SUCH DAMAGES.
14. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Adstanding and Adstanding Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Website, the Website’s content, services, and products other than as expressly authorized in these Terms of Service.
15. GOVERNING LAW AND CHOICE OF FORUM
The Website and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and these Terms of Service will be instituted in the courts of the Province of Quebec or the Federal Court of Canada, in the judicial district of Montreal, Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
16. WAIVER
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
17. SEVERABILITY
If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or un-enforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
18. ENTIRE AGREEMENT
These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Adstanding Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter
19. REPORTING AND CONTACT
This Website is operated by Adstanding Inc.
All notices of copyright infringement claims should be sent to the copyright agent at:
Adstanding Inc.
Attn: Copyright Agent
4000 rue Saint-Ambroise, bureau 390
Montréal (Québec) H4C 2C7
Should you become aware of misuse of the Website including libellous or defamatory conduct, you must report it to us at: support@adstanding.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@adstanding.com