These TERMS OF USE (“Terms”) govern your use of the websites, applications and software operated by 9425-4505 Quebec inc. (“us”, “we”, Company”, or “our”) publisher of USACRIME (the “Site”) to which these Terms are linked or referenced to, including all content, features and functionality, and related services such as emails and membership programs (collectively, the “Services”).
These Terms apply to all users of the Services, whether or not you have registered for one or more of the Services, and by using the Services you agree to comply with these Terms and any additional terms and conditions that we may provide to you in connection with your use of or access to certain activities within the Services, including, without limitation, membership programs.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the Services; charge fees in connection with the Services; modify and/or waive any fees charged in connection with the Services; and/or make available opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any other person for any modification, suspension or discontinuance of the Services or any component thereof.
1. Term. These Terms shall remain in full force and effect while you use the Services. You may terminate your use of or registration for the Services at any time, for any reason, and Company may terminate your use of or registration to the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. These Terms shall continue to apply to your previous access and/or use of the Services after any such termination.
2. Modifications. We reserve the right, in our sole discretion, to modify or discontinue these Terms from time to time and at any time, and thus, you should check for changes before proceeding to use the Services and content. By using the Services after changes have been made to these Terms, you agree to accept those changes, whether or not you have reviewed them. We recommend that you check back frequently and review these Terms regularly so you that you are aware of the most current rights and obligations that apply to you. The Last Updated date at the bottom of this page indicates when these Terms were last revised.
3. Restrictions. Use of the Services is limited to users 16 years of age and older. By using the Services, you represent and warrant that (a) you are 16 years of age or older and (b) your use of the Services does not violate any applicable law, rule or regulation. Certain features of the Services may be subject to heightened age and/or other eligibility requirements. If you provide information that is untrue, inaccurate, not current or incomplete, or Company suspects that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you. Company is based in Canada with its Services hosted and provided from the United States. Company makes no representation or warranty that the Services or the Content (as defined herein) are appropriate or available for use in other locations. If you use the Services from a jurisdiction other than Canada or the United States, you agree to do so at your own risk, and you are responsible for complying with any and all local laws applicable to your use of the Services.
4. Content. Our Services allow you to access content that we create or provide, such as articles and videos (our “Content”). You may be able to access the same Content on other platforms and services (e.g., on our official social media accounts). If you are viewing our Content on a platform or service we do not control (“Third Party Site”), then you will be subject to the Third Party Site’s terms of use and privacy policy, and not to these Terms. We encourage you to review the policies of any Third Party Site you visit.
Our Services may link to or otherwise allow you to access Third Party Sites. When you access a Third Party Site, you are leaving our Services and these Terms will no longer apply. The terms of use and privacy policy of the Third Party Site will apply to any activities you conduct while on the Third Party Site.
4.1. Our Content and Intellectual Property. As between you and Company, Company owns, solely and exclusively, all right, title and interest in and to the Services and all content contained and/or made available through the Services (“Content”), and all such Content is protected, without limitation, under Canadian and U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Services, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Services). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Content” as well.
The Services are to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You may not exceed the limited rights and access provided to you under these Terms. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by Company and set forth in additional terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, frame, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, any Content without the express, prior written consent of Company or its owner if Company is not the owner.
4.2 User Content. The Services may provide you and other users with an opportunity to participate in blogs, forums and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other content and information via the Services (collectively “User Content”). You understand, acknowledge and agree that all User Content are the sole responsibility of the person from which such User Content originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available, including without limitation as set forth in Section 8. User Content do not reflect the views of Company, its affiliates or parent company, and you understand that by using the Services, you may be exposed to other people’s User Content that could be offensive, indecent or objectionable and, as such, Company does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall Company be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
The Services, including, without limitation, all User Content features and functionality, is for personal purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Content that we deem to be Unauthorized User Content (as defined herein). We have the right, but not the obligation, to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any Unauthorized User Content; provided, however, that Company shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized User Content” means any User Content that is or may be construed as violating these Terms, including, without limitation, Section 8 herein, or is deemed to be unacceptable to Company, as determined in Company’s sole discretion.
In connection with all User Content you submit, post, email, display, transmit or otherwise make available, you grant to Company the unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Company, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in these Terms and granted to Company shall commence immediately upon submission of your User Content and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
Company does not acquire any title or ownership rights in the User Content that you submit and/or make available, and Company’s sole right to utilize the User Content is set forth above. After you submit, post, email, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Content posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Content does not violate these Terms, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into these Terms and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content.
4.3. Third Party Sites and Content. Our Sites may contain links to Third Party Sites, services, and advertisements (collectively, “Third Party Content”).The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services, or (b) any third-party websites, content, data, information, applications, goods, services or materials does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Company, its affiliates, or parent company, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers, operators or service providers. We do not verify, endorse, or have any responsibility for Third Party Content and any third party business practices (including, without limitation, their collection and use of personal and other information), whether the Services’ or Company’s logo and/or sponsorship identification is on the Third Party Content as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Content you use.
4.4 Objectionable Material. You understand that by using the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable by some, which Content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that Company shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable.
5. User Registration. In order to access and use certain Content, features, or functionality of the Services, we may require that you register for the applicable Services and have a unique email and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your legal name, country of residence, zip code, etc., and, for fee-based transactions and purchases offered by us, your physical address, telephone number(s), and applicable payment data and information (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify Company of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services if we believe there is a question about the identity of the person trying to access any account or element of the Services. Company shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 5.
6. Personal Information. We respect your privacy and the use and protection of your personal information. In the course of your use of the Services, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of personal information. The Privacy Policy is available at https://usacrime.com/privacy-policy/.
7. Payment, Pricing, and Related Terms. You must be 18 years of age or older to make any purchase (e.g., subscriptions, one-time purchases, etc.) of the Services, Content (as defined herein) or any other product or service offered through the Services by us. If you are less than 18 years of age, and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You hereby agree to pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases that are made using your User Account or other information you supply to us via an authorized payment method at the time of purchase. Company or its designees reserves the right to change any and all prices for any Services and Content, for any reason. Purchases may be governed by additional terms. Purchases may also be controlled, handled, processed and/or fulfilled by third parties not affiliated with Company (a “Third-Party Processor”). Where a Third-Party Processor is responsible for controlling, handling, processing or fulfilling a purchase, all payment and other obligations regarding such purchase may be governed by the terms of use/service and privacy policy(ies) of the Third-Party Processor. Accordingly, you should familiarize yourself with the applicable terms and policies imposed by any Third-Party Processor. Company makes no warranty, and accepts no liability for loss or damage whatsoever, relating to purchases with a Third-Party Processor and you are solely responsible for any and all transactions utilizing your information (personal, financial or otherwise) with a Third-Party Processor, including, but not limited to any and all fees and charges. Moreover, you acknowledge and agree that in the event a Third-Party Processor experiences a data breach that affects your information (personal, financial or otherwise), Company will in no way be liable or responsible to you for such breach.
8. Acceptable Use Policy. You alone are responsible for your conduct while using the Services. We want the Services to be enjoyable for everyone, thus using them for illegal or harmful purposes is not allowed. While using the Services, you may not:
- engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- submit, post, email, display, transmit or otherwise make available through the Services any material that you do not have a right to make available under any law, rule or regulation, or otherwise creates a security or privacy risk for any other person or entity;
- engage in or encourage conduct that affects adversely or reflect negatively on Company, its affiliates, or parent company, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to us in connection with the Services;
- submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website or service;
- modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
- impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information; or
- modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so.
Company assumes no responsibility for policing the Services for inappropriate content or conduct. If at any time Company decides in its sole discretion to monitor the Services, Company assumes no responsibility for User Content (as defined above), no duty to edit or remove any User Content, and no liability for the conduct of any user. Company reserves the right to investigate and take necessary legal action against anyone who violates or is suspected of breaching this Section 8, including but not limited to, reporting you to law enforcement authorities. Furthermore, you acknowledge, consent and agree that Company may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce these Terms; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Company, users or any third parties including acting in urgent circumstances.
9. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and have identified content on the Site which you believe violates your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and that is to be removed;
- sufficient information for us to locate the infringing material;
- sufficient information for us to contact you, such as an address, a phone number, and, if applicable, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following designated agent:
By Mail:
9425-4505 Quebec inc.
Attn: USACRIME – DMCA
1555 Bd de l’Avenir Office 306, Laval, QC
Via Email:
10. Indemnity. You agree to defend, indemnify and hold Company, our officers, employees, agents, contractors, representatives, and third-party suppliers harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) against any claim or demand made by any third party due to or arising out of: (a) your use of the Services and Content; (b) your User Content; (c) your violation of our Terms; or (d) your violation of any applicable law, regulation, or ordinance. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us in our defense of these claims. You agree not to settle any matter for which you are indemnifying us without our prior consent. We will use reasonable efforts to notify you of any such claim or demand.
11. DISCLAIMERS. YOUR USE OF THE SITE, SERVICES AND CONTENT IS AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE ON, THROUGH OR IN CONNECTION THEREWITH WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
12. Limitation of Liability. Information found on the Services may not always be up to date. The Company, its owners, editors, contributors, administrators, and other staff members are not qualified professionals, and are simply aggregating information found online for entertainment and informational purposes only. By using the Services, you hereby forfeit any and all claims, past, present, and future, against the Company, its owners, editors, contributors, administrators, and other staff members.
Furthermore, we are not responsible or liable for any viruses, malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, Content and User Content associated with your use of the Services.
IN NO EVENT SHALL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR THIRD PARTY SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COMPUTER OR TECHNICAL FAILURE OR MALFUNCTION, LOSS OF DATA OR INFORMATION, LOSS OF USER CONTENT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, EVEN IF WE (OR THEY) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, OUR SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TWENTY-FOUR US DOLLARS ($24) OR (B) AMOUNT YOU’VE PAID US IN THE PRIOR 12 MONTHS, IF ANY, PAID BY YOU TO COMPANY FOR USE OF THE SERVICES.
13. Waiver. Our failure to exercise or enforce any of our rights, or any provision of our Terms, shall not operate as a waiver of such right or provision.
14. Severability. If any provision of our Terms is held to be invalid, illegal or unenforceable, that provision shall be limited or otherwise modified, as consistent with its original intent as is possible, so that it is valid and enforceable to the fullest extent permissible by law, and shall not affect the validity and enforceability of the rest of the provision and any remaining provisions in these Terms. The remaining Terms shall remain unchanged and in full force and effect.
15. Jurisdiction and Choice of Law. You expressly agree that any dispute between us and you regarding our Services and Content shall be governed by the federal laws of Canada and the provincial laws of Quebec, without regard to its conflict of law provisions, and you agree to irrevocably elect the courts of Quebec, judicial district of Laval, as exclusive jurisdiction to hear any dispute arising under these Terms.
16. Assignment. You may not assign your rights or obligations under these Terms without our prior written consent, but we may freely assign our rights and obligations under these Terms.
17. Entire Agreement. Our Terms constitute the entire agreement between you and us regarding our Services and Content, and supersede all previous agreements between you and us regarding our Services and Content.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of our Terms, or of your use of our Services and Content.
If you have any questions, complaints, or claims with respect to our Terms, you may contact us at [email protected].
Last Updated: November 30th, 2021