Terms & Conditions

TERMS OF USE

These Terms of Use (“Terms of Use”) apply to the website located at https://www.scavengers.ca (“Site”), including any of its Content (as defined below), made available by Covalent Media inc. d/b/a Scavengers Studio (“we”, “us”, “our”). This is a legally binding contract between us and the user (“you”, “your”) regarding the use of the Site.

BY ACCESSING OR USING THE SITE, YOU CONSENT TO BE BOUND BY THESE TERMS OF USE AND ALL OTHER APPLICABLE TERMS, CONDITIONS, AND POLICIES THAT SUPPLEMENT IT. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

PROPRIETARY AND USE RIGHTS

We or our suppliers, as applicable, retain ownership of all intellectual property and other proprietary rights in the Site, including its domain name and all trade names, trademarks, text, images, videos and other data and information displayed or accessible on the Site, or used in connection with it (collectively, the “Content”). As between the parties, we own and control the Site, and all rights not expressly granted to you under these Terms of Use are hereby retained by us. Without limiting the generality of the foregoing, you acknowledge that the present Terms of Use and your use of the Site do not transfer any right, title or interest in such intellectual property to you.

Subject to your compliance with these Terms of Use, we grant you a personal, limited, non-exclusive and non-transferable right to access, use, display, and view the Site strictly for informational purposes.

USE RESTRICTIONS

Except as expressly provided in these Terms of Use, you are not authorized to modify, copy, reproduce, re-edit, republish, display, encode, translate, transmit, upload to a server or elsewhere, send or post, distribute, or otherwise use or make available the Content available on the Site.

Where the option exists, you may print out certain sections for personal and non-commercial use. This authorization is only valid on the condition that you: (i) retain all copyrights and proprietary notices contained in the Content, including copyrights and trademarks, and that you indicate the source of the Content, like the URL address of said Content, (ii) do not modify the Content in any way, (iii) do not reproduce or display, perform, or distribute or otherwise use publicly or communicate the Content for any commercial purpose unless it has been expressly permitted in the features of this Site. Any other types of use require our prior written consent.

In addition, you agree that you will not, and will not permit, enable, induce, or encourage other users or third parties to use the Site, including any output or other information generated by them:

in any way that is contrary to or in violation of applicable law or these Terms of Use, including without limitation all intellectual property, data, privacy, recording, electronic communications, advertising, securities, export and national defense laws and regulations;
for any data scraping purposes or to access, acquire, copy, or monitor any materials, documentation, information, activity or component of or on the Site by any means not purposely made available by us;
in any way that may disrupt, compromise, or otherwise adversely impact or prevent the full enjoyment of the use of the Site by third parties or in any manner which could possibly damage, disable, overburden, hinder the Site’s operation, or interfere in any way with its functioning and structure.

LINKS TO OTHER SITES

This Site may contain links to other independent third-party websites, including without limitation social networking websites (“Linked Sites”). Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You assume full responsibility for your use or access of the Linked Sites, and it is your responsibility to take every necessary precaution. These Linked Sites are subject to conditions different from those applicable to the Site and, accordingly, it is your duty to consult them and abide by them.

FEEDBACK AND SUGGESTIONS

We appreciate receiving comments and suggestions regarding the Site as well as our various game software and other activities. However, we suggest you do not share such comments and suggestions with us, unless it is your intention to gift it to us unconditionally. If you send us any comments, suggestions, ideas, materials, or other kind of feedback regarding the Site our various game software or other activities (“Feedback”), you hereby irrevocably assign to us all such Feedback, for us to use for any purpose in our sole discretion without any obligation or compensation to you. You further agree that you are entirely responsible for the content of your submission, including with respect to its legality, reliability and originality.

PRIVACY

Personal information that you disclose to us about yourself via the Site is subject to our Privacy Policy, included in these Terms of Use by this reference.

CHANGES

We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

INDEMNIFICATION

You agree to defend and indemnify us and our directors, employees, representatives, agents, subsidiaries, and affiliates (“Indemnified Parties”), at your own expense, against all third party claims, actions, suits, proceedings or demands arising from or related to your use of the Site, including any Content, your breach of these Terms of Use or applicable law, or the infringement by you of any intellectual property, privacy or other right of any third person or entity (“Claims”). You agree to indemnify and hold harmless any of the Indemnified Parties for all damages and other costs, including reasonable lawyer and expert fees, incurred or awarded against such Indemnified Parties in connection with or as a result of any such Claims, including amounts to be paid by an Indemnified Party under a settlement you approve.

DISCLAIMER OF WARRANTY

The primary goal of the Site is to provide information on us, Scavengers Studio, and our activities. While we make all reasonable efforts to ensure that the information on the Site is accurate and up to date, it is possible that, at any given time, this information may be incomplete, contain errors or be out of date or inaccurate. Before making any decision based on the said information, you should validate the information with another source or contact us.

WE DO NOT PROMISE THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

WE DO NOT ASSUME ANY LIABILITY FOR THE RETENTION, USE OR DISCLOSURE BY YOU OF ANY INFORMATION, CONTENT OR COMMUNICATION SENT TO, RECEIVED FROM, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND AFFILIATES BE LIABLE FOR ANY DAMAGE THAT IS NOT A DIRECT AND IMMEDIATE CONSEQUENCE OF THE BREACH OF OUR OBLIGATIONS UNDER THESE TERMS OF USE. IN ANY EVENT, ALL DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, LOSS OF DATA, ECONOMIC LOSS, AND ALL OTHER TYPES OF DAMAGES THAT WOULD QUALIFY UNDER THE COMMON LAW REGIME AS SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF TO YOUR USE OF THE SITE OR OUR BREACH OF THESE TERMS OF USE, ARE HEREBY EXPRESSLY EXCLUDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE PROVISIONS OF THESE TERMS OF USE, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY SHALL IN NO EVENT EXCEED CAD $100.00.

IF ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THESE TERMS OF USE CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW, THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY AND THE PARTIES SHALL CONTINUE TO BE BOUND BY ALL THE REMAINING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec, Canada, without reference to conflicts of law rules and principles. Any dispute that may arise from your use of this Site is subject to the exclusive jurisdiction of the courts in the Province of Quebec.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW FOR CERTAIN CHOICE OF LAW AND/OR JURISDICTION CLAUSES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MISCELLANEOUS

These Terms of Use supersede any agreement, representation, warranty, or prior agreement, whether written or oral, express or implied, with respect to the subject matter hereof and they bind you and your heirs, executors, administrators and other legal representatives. If any portion or provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision or portion shall be read down, construed and enforced to the maximum extent permissible so as to carry out the objective of the original provision as closely as possible. In either case, the remainder of the Terms of Use shall continue in full effect. Our delay or failure to act with regards to any failure on your part to comply with these Terms of Use does not constitute a waiver on our part, nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. You may not assign, transfer, or delegate your rights and obligations under these Terms of Use. We may however assign, transfer, or delegate our rights and obligations under these Terms of Use without your consent.

COMMUNICATIONS

For any question, Feedback, or any other communication, you may contact us at info@scavengers.ca or at the following mailing address: Scavengers Studio, 200-3451 boulevard Saint-Laurent, Montreal (Quebec) H2X 2T6, Canada