Application Terms of Use

 

This mobile application (the “Application”) is operated by Oralys, Inc. (referred to herein as “Oralys”, “we”, “us” and “our”). Your use of the Application is subject to the following terms and conditions.

 

1.    Consent:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS APPLICATION. BY DOWNLOADING, INSTALLING OR USING THIS APPLICATION, YOU AGREE TO THESE TERMS OF USE AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS APPLICATION.

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Application and receipt of data, materials and information available at or through the Application, the possibility of our use or display of your Submissions (as defined in Section 9 below) and the possibility of the publicity and promotion from our use or display of your Submissions.

 

2.    Additional Terms:

Note that special terms apply to some services offered on the Application, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.

 

3.    Modification:

We reserve the right to modify or otherwise update these Terms of Use at any time without notice to you and you agree to be bound by such modifications, updates and revisions as soon as you continue to use the Application. You are responsible for regularly reviewing information posted on our website to obtain timely notice of such changes. We may change the Application or delete Content (as defined in Section 4 below) or features of this Application at any time, in any way, for any or no reason at our discretion.

 

4.    Copyright:

All information, materials, functions and other content (including Submissions as defined in Section 9 below) provided on this Application (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US, Canadian and international copyright laws. The collection, arrangement and assembly of all content on this Application is our exclusive property and is protected by US, Canadian and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Application may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Application is strictly prohibited.

 

5.    Trademarks:

Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Application are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Application. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

 

6.    Use of Application and Content:

We grant you a limited license to access and make personal use of the Application and the Content, subject to these Terms of Use. Neither this Application nor any portion of this Application or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial or not commercial purpose that is not expressly permitted by us in writing, except that where the Application is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.

 

In the event that we offer downloads of software from this Application and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

 

You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or through the Application for the purpose of use on the Application or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.

 

You agree to comply at all times with any instructions for use of the App which we make from time to time.

 

7.    Linking:

Links to third party Website or applications may be provided on this Application. If so, they are provided solely as a convenience to you. If you use such links, you will leave this Application. We have not reviewed all such third party Website or applications (if any) and do not control and are not responsible for any of these Website or applications and their content. We do not endorse or make any representations about such Website or applications or any information or materials found there, or any results that may be obtained from using them. If you access any third party Website or application linked from this Application, you do so at your own risk.

 

No hyperlinks to this Application are permitted without our prior written consent. If you would like to link to this Application from your Website, please submit your request to us through our Website via Contact Us page. Unless you receive our express written consent, your request to link to this Application shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Oralys, a Website that links to this Application:

 

• Shall not imply, either directly or indirectly, that Oralys is endorsing its products;

• Shall not use any of our Trademarks or the Trademarks of our licensors;

• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;

• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;

• Shall not present false or misleading information about us or the Oralys opportunity;

• Shall not misrepresent any relationship with us;

• Shall not replicate in any manner any content in the Application; and

• Shall not create a browser or border environment around Application material.

 

8.    Claim of Copyright Infringement:

We respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below.  Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:

 

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

• 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 the Application;

• Your physical address, telephone number and email address;

• 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 by the law; and

• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Application, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:

 

          Your physical or electronic signature;

          Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

          A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

          Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Oralys may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

For notice of claims of copyright infringement on this Application you can contact us:

By Website: www.oralys.ca/contact-us/

 

By Mail: Oralys, Inc.

Legal Department

1221 Saint Hubert Street, suite 100

Montreal, Quebec H2L 3Y8


By Phone: 514-847-5251


By Email: info@oralys.ca

 

9.    Submissions:

For purposes of these Terms of Use, the word “Submissions” means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this Application or through our Website.

 

We are always pleased to receive your comments, suggestions, and Submissions regarding this Application, our products and services, and our opportunity. If you transmit to us, post, or upload any Submissions through this Application or through our Website, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes.

 

By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Section 12 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use. You agree that you shall not post or transmit to or from this Application any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law. See Section 12 below.

 

10.  Accounts:

Some services on this Application permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Application. You must treat such information as confidential, and you must not disclose it to any third party.

 

We may suspend or terminate your account and your ability to use the Application or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.

 

 

11.  Rules of Conduct:

By using the Application, you agree that you will not :

 

  1. Be in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
  2. Act fraudulent, criminal or unlawful;
  3. Tell obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  4. infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
  5. Act contrary to our interests;
  6. Act contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
  7. involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

 

You agree not to reproduce, duplicate, copy or re-sell the Application or any part of the Application save as may be permitted by these Terms of Use.

 

You agree not to access without authority, interfere with, damage or disrupt:

 

  1. any part of the App;
  2. any equipment or network on which the App is stored;
  3. any software used in the provision of the App; or
  4. any equipment or network or software owned or used by any third party.

 

12.  International:

The Application is intended for viewing and use in the United States and Canada but may be available in other country. If this Application is viewed internationally, you are responsible for compliance with applicable local laws.

 

13.  Privacy:

Oralys respects your privacy and the privacy of other visitors to the Application. To learn about our privacy practices and policies, please see our Privacy Policy.

 

14.  Children:

Oralys is committed to the safety of our children. Persons under the age of 18 may not enroll as Oralys Members or register as customers. Children under the age of 13 may not purchase products through any of our Applications. Oralys does not solicit or knowingly collect personally identifiable information from children under the age of 13.

 

15.  Disclaimer of Warranties:

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS APPLICATION (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY APPLICATIONS (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS APPLICATION AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS APPLICATION OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

The Content of the Application is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, is not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your physician with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any of the Content included in, or accessible through, the Application without seeking the appropriate legal, medical, or other professional advice. Reliance on any information appearing on the Application is strictly at your own risk.

 

You assume sole responsibility for results obtained from the use of the Application, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Application, or any actions taken by us at your direction.

 

The Application may contain the opinions and views of other users. Given the interactive nature of the Application, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.

 

16.  Limitation of Liabilities:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS APPLICATION OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE APPLICATION OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE APPLICATION. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

 

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE APPLICATION OR CHANGE THE APPLICATION OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

17.  Your Representations and Warranties

You represent and warrant that (a) your use of the Application will be in strict accordance with this Terms of Use and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the Application will not infringe or misappropriate the intellectual property rights of any third party.

 

You agree to indemnify and hold Oralys Inc. and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Application and/or any violation of the terms of Terms of Use. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Application and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

 

18.  Independence from Platforms

The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

 

Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.

 

The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.

 

You must comply with any applicable third party terms of agreement when using the Application (e.g. you must ensure that your use of the Application is not in violation of your mobile device agreement or any wireless data service agreement).

 

19.  Governing Law, Jurisdiction and Venue:

This Application is created and controlled by us in the province of Quebec, Canada. The laws of the province of Quebec govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Application shall be filed, and that venue properly lies, only in the province of Québec or Federal courts located in Montréal, Québec, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

20.  General Provisions:

We make no representations that the Content on the Application is appropriate or available for use in any particular location. Those who choose to access the Application do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

21.  Contacting Us:

You may contact us regarding these Terms of Use or the Application by any of the following methods:

 

By Website: www.oralys.ca/contact-us/

 

By Mail: Oralys, Inc.

1221 Saint Hubert Street, suite 100

Montreal, Quebec H2L 3Y8


By Phone: 514-847-5251


By Email: info@oralys.ca


22.  Effective Date:

These Terms of Use are effective as of April 15, 2015, and shall remain in effect until modified and/or updated as provided in Section 3 above.