Terms of Service
Effective Date: October 26, 2023
Website: NouvelleFranceHeritage.com
Entity: New France Architectural Heritage ("we," "us," "our")
Welcome to NouvelleFranceHeritage.com. These Terms of Service ("Terms") govern your access to and use of our website, services, content, and any related applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of these Terms, you are prohibited from using the Service.
1. Acceptance of Terms
1.1. By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
1.2. We reserve the right to modify or update these Terms at any time without prior notice. The "Effective Date" at the top of this page will indicate the latest revision. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
1.3. The Service is intended for users who are at least 18 years of age or the age of majority in their jurisdiction. If you are under 18, you may use the Service only with the involvement and consent of a parent or guardian.
2. Description of Service
2.1. NouvelleFranceHeritage.com is an online platform dedicated to the research, documentation, preservation, and promotion of the architectural heritage of New France (historical French colonies in North America).
2.2. Our Service may include, but is not limited to: archival research articles, photographic databases, historical maps, educational resources, digital reconstructions, community forums, newsletters, and online storefronts for related merchandise or publications.
2.3. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content, without liability.
3. User Accounts and Registration
3.1. Certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
4. Intellectual Property Rights
4.1. Our Content: All content on the Service, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the selection and arrangement thereof, is the exclusive property of New France Architectural Heritage, its licensors, or its content providers, and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages for your personal, non-commercial use and not for further reproduction, publication, or distribution.
4.3. Trademarks: "New France Architectural Heritage," "NouvelleFranceHeritage.com," our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of New France Architectural Heritage or its affiliates or licensors. You must not use such marks without our prior written permission.
4.4. User Contributions: The Service may contain message boards, forums, or other features that allow users to post, submit, publish, display, or transmit content ("User Contributions"). By providing any User Contribution, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Contributions in connection with the Service and our business. You represent and warrant that you own or control all rights in and to your User Contributions.
4.5. Copyright Complaints (DMCA): We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please contact our designated agent with a written communication containing the information required by the Digital Millennium Copyright Act.
5. Acceptable Use and Prohibited Activities
You agree not to use the Service:
5.1. In any way that violates any applicable federal, state, local, or international law or regulation.
5.2. To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
5.3. To engage in any conduct that restricts or inhibits anyone's use of the Service.
5.4. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
5.5. To engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
5.6. To attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems.
5.7. To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any material.
5.8. To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. User Contributions and Community Guidelines
6.1. User Contributions must comply with these Terms and all applicable laws. They must not infringe any intellectual property rights, promote illegal activity, or be likely to deceive any person.
6.2. We are not responsible or liable for any User Contribution. We have the right, but not the obligation, to monitor, edit, or remove any User Contribution for any reason.
6.3. You understand that when using the Service, you may be exposed to User Contributions from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content.
7. Third-Party Links and Content
7.1. The Service may contain links to third-party websites or resources. We provide these links for convenience only and have no control over the contents of those sites or resources. We accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.2. Any dealings you have with third parties found while using the Service are between you and the third party. We are not responsible or liable for any part of such dealings.
8. Disclaimer of Warranties and Limitation of Liability
8.1. Disclaimer: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2. Historical Content: The historical, architectural, and genealogical information presented on the Service is provided for educational and research purposes. While we strive for accuracy, we do not guarantee the completeness, reliability, or absolute accuracy of this information. Any reliance you place on such information is strictly at your own risk.
8.3. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEW FRANCE ARCHITECTURAL HERITAGE, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
8.4. Jurisdictional Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless New France Architectural Heritage, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 violation of these Terms or your use of the Service.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.
11. Governing Law and Dispute Resolution
11.1. These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions.
11.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal or provincial courts located in Quebec, Canada. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. General Provisions
12.1. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
12.2. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
12.3. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and New France Architectural Heritage regarding the Service and supersede all prior agreements and understandings.
12.4. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Contact Information
If you have any questions about these Terms of Service, please contact us at:
New France Architectural Heritage
Email: legal@nouvellefranceheritage.com
Mailing Address: [Insert Registered Office Address]