IT IS IMPORTANT
THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THEse TERMS AND CONDITIONS, you MUST
DISCONTINUE YOUR USE OF THE WEBSITE.
These Terms and
Conditions of Use constitute a legally binding agreement between you and
PRE Inc. ("PRE") and govern your use of the website
operated by PRE and accessible at http://pre.cm, or any other website belonging to or partnering with PRE Inc. ("Website"),
and any and all content, applications, services and products provided via the Website
("Services"). Every access to, or other use of, this Website, whether
you are a "Visitor" (which means that you simply browse and use the
Website) or you are a "Member" (which means that you have registered
with the Website for access to certain Services), signifies your acceptance and
agreement to be bound by these Terms and Conditions of Use and such other
additional or alternative terms, conditions, rules and policies which are
displayed, or to which you may be directed, in connection with this Website or
any of the Services, as such may be modified by PRE from time to time
(collectively the "Agreement"). Where available, if you wish to make
use of certain Services not available to Visitors, you must indicate your
acceptance during the Website registration process. For the purposes of this
Agreement, the term "User" means a Visitor or a Member.
The Website and services are solely directed to individuals of the
age of majority who can form legally binding contracts under applicable law.
The Website may not be used by persons in jurisdictions where access to or use
of the Website or any part of it may be illegal or prohibited. It is solely
your responsibility to determine whether your use of the Website is lawful, and
you must comply with all applicable local laws. if you do not have legal
standing to agree to and accept this Agreement you may not use this website.
Responsibility for Minors
In cases where you
have authorized a minor to use the Website or any of the Services, you
recognize that you are fully responsible for: (i) the online conduct of such
minor; (ii) controlling the minor's access to and use of the Website or any of
the Services; and (iii) the consequences of any misuse by the minor. You
acknowledge that some of the areas of the Website may contain material that is
inappropriate for minors.
Ownership
All materials
displayed or otherwise accessible through the Website or Services, including
without limitation, articles, text, photographs, images, icons, designs,
illustrations, audio clips, video clips, computer software, applications, and
code (collectively, the "Content") are protected under Canadian and
international copyright, trade secret, patent, trademark, and other applicable
intellectual property laws. You acknowledge that PRE, and applicable third
parties, own and retain all right, title and interest (including without
limitation all worldwide copyright, trade secret, patent and trademark rights)
in and to the Website, Services, and Content. Without limiting the foregoing,
you specifically acknowledge that PRE owns and retains all right, title
and interest (including without limitation all worldwide copyright, trade
secret, patent and trademark rights) in and to PRE Content, the Website as
a collective work and/or compilation pursuant to Canadian and international
laws, and the "look and feel" of the Website (including without
limitation all
page headers, colour schemes, graphics, button icons and scripts). For the
purposes of this Agreement, "PRE Content" means all Content,
exclusive
only of Content licensed from or contributed by third parties ("Third
Party
Content") and your own
"Submissions" to the Website (as defined
below).
Subject to the
terms and conditions of this Agreement, you may reproduce and display the
Content (excluding any software code) solely for your lawful, personal, private
and non-commercial use in connection with viewing the Website and using the
Services, provided that you: (i) do not modify, or make any derivative uses of,
any of the Website pages or other Content, or any part thereof, (ii) mark any
displays or printouts of the Website or Content, or any part thereof, with
"© 2023, PRE Inc. All rights reserved.", (iii) do
not remove or
alter any visible or non-visible identification marks, copyright, trademark,
proprietary or other notices, or disclaimers contained on or in the Website or
Content, (iv) abide by all copyright and other proprietary notices, information
and restrictions contained on or in the Website or Content, (v) do not use any
data mining, robots or similar data gathering or extraction methods, (vi) do
not use the Website or Content other than for its intended purpose, and (viii)
do not reproduce, prepare derivative works from, distribute or display the
Website or any Content (except for page caching). Your use of the Website does
not grant or transfer to you any ownership or other rights in the Website or
any Content, and except as expressly provided, nothing herein or within the
Website or any of the Services shall be construed as conferring to you or any
other person any license under any of PRE's or any third party's
intellectual property rights (whether by estoppel, implication, waiver, or
otherwise). Except for your own Submissions, or as otherwise expressly
permitted herein, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content, or use of any
portion of the Website or Content without PRE's prior written
consent.
Trademarks
PRE, PRE.CM
are trademarks of PRE, Inc. All
other products, services, brands, company names and logos used on the Website
are the trademarks of their respective owners. Any use of any of the marks
appearing on the Website without the express written consent of PRE or the
owner of the mark, as appropriate, is strictly prohibited. While certain
trademarks of third parties may be used by PRE under license, the display
of third-party trademarks on the Website should not be taken to imply any relationship
or license between PRE and the owner of said trademark or to imply that
PRE endorses the wares, services or business of the owner of said
trademark.
Linking
PRE permits
other websites to link to the Website but the framing of the Website or any
Content in any form is strictly prohibited. Further, and notwithstanding the
foregoing, PRE reserves the right to cancel and revoke the permission to
any party to link to the Website at any time.
Submissions
The Website may
provide features that allow you to upload content, images, pictures, files or
other materials (collectively the "Submissions") to the Website. When
using any
of the features of the Website which allow you to upload Submissions, it is a
condition of your use of the Website that you observe the rules of netiquette
and that you do not: (i) restrict or inhibit any other User from using and
enjoying the Website, interfere or attempt to interfere with the proper
workings of the Website, or do anything which in the sole discretion of
PRE imposes an unreasonable or disproportionately large load on the
Website infrastructure; (ii) post or transmit any unlawful, false, misleading,
threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind; (iii) post or transmit any email
addresses, images, content, software or other material, which violates or
infringes upon the rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by any intellectual property
rights, including, without limitation, copyright, patent, trade secret,
trademark or other proprietary rights, without permission from the owner or
rights holder; (iv) harvest or otherwise collect or store any information (including
personally identifiable information) about other users of the Website,
including e-mail addresses, without the express consent of such users; (v) for
the purpose of misleading others, create a false identity of the sender or the
origin of a message, forge headers or otherwise manipulate identifiers in order
to disguise the origin of any material transmitted through the Website; (vi)
post or transmit any Submission that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual, could be harmful to
minors, harasses or advocates harassment of another person, provides material
that exploits people under the age of 18 in a sexual or violent manner, or
provides instructional information about illegal activities; (vii) post or
transmit any Submission which contains any form of destructive software such as
a virus, worm, Trojan horse, time bomb, bot, or any other harmful components or
any other computer file, program or code, designed to interrupt, destroy or
limit the functionality of any computer software, hardware or
telecommunications equipment, or provides for or creates any of the foregoing;
(viii) post or transmit junk mail, chain letters, unsolicited mass mailing or
spam; or (ix) use the Website for commercial purposes without PRE’s prior
written consent, including, without limitation, uploading any Submissions which
contain advertising or which engage in commercial activities or sales, or which
involve contests, advertising, pyramid schemes or other forms of solicitation.
PRE may review Submissions and refuse to post any Submission to the
Website for any reason. PRE reserves the right, in its sole discretion, to
edit or remove any Submission, whether or not the Submission is in violation of
the provisions hereof or otherwise objectionable. Any disclosure of personally
identifiable information shall be in accordance with PRE's Privacy Policy.
PRE is not responsible for the content of any Submission.
By posting,
emailing or uploading Submissions to the Website, you grant PRE a
royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide
license to: (i) use, reproduce, store, adapt, translate, modify, create
derivative works from, transmit, distribute, publicly perform or display such
Submissions in relation to the Services; and (ii) to sublicense to third
parties the unrestricted right to exercise any of the foregoing rights. In
addition to the grant of the above license, you hereby (i) agree to waive all
moral rights in and to any Submission; (ii) acknowledge and agree that PRE
is not responsible for any loss, damage, or corruption that may occur to your
Submissions; and (iii) acknowledge and agree that any Submissions you provide
for display on the Website will be considered non-confidential.
Claims of Copyright Infringement
If you believe
that material posted on the Website infringes upon any copyright that you own
or control, or that any link on the Website directs Users to another website
that contains materials that infringe upon any copyright that you hold or
control, you may file a notification of such infringement with PREto:
President, PRE Inc.,
7 St. Thomas Street, Unit 502
Toronto, Ontario, Canada, M5S 2B7
hi@pre.cm.
PRE may give
notice of a claim of copyright infringement to a User by means of a general
notice on the Website, electronic mail to a User's email address, or by written
communication sent by first-class mail to a User's address as reflected in PRE's
records.
Privacy
PRE respects
your right to privacy of your personal information and collects, uses, and
discloses your personal information only in accordance with its Privacy Policy.
By accepting this Agreement, and each time you use the Website, you consent to
PRE's
collection, use and disclosure of your personal information in
accordance with the Privacy Policy.
Registration and Passwords
To use certain
features of the Website, you may be asked to register with PRE as a
Member. You agree (i) to provide true, accurate, current and complete
information about yourself as prompted by any registration form; and (ii) to
maintain and promptly update the information you provide to keep it true,
accurate, current and complete. If PRE has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
PRE has the right to suspend or terminate your access to and use of any
Services. PRE's use of any personally identifying information you provide
as part of the registration process is governed by the terms of PRE's
Privacy Policy. As part of registering with PRE, you may also need a
username and password, which you will receive through the Website registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities that occur under
your password or account. You agree to notify PRE immediately of any
unauthorized use of your password or account or any other breach of security,
and to ensure that you exit from your account at the end of each session.
Security
Please note that
information sent or received over the Internet is generally unsecure and
PRE cannot and does not make any representation or warranty concerning
security of any communication to or from the Web site or any representation or
warranty regarding the interception by third parties of personal or other
information.
DISCLAIMER
YOUR USE OF THE
WEBSITE AND THE SERVICES IS AT YOUR OWN RISK.
THE WEBSITE AND
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION
ANY REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE SERVICES OR THE WEBSITE. PRE
EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, PRE MAKES NO CONDITION, REPRESENTATION OR
WARRANTY THAT: THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE;
THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR;
DEFECTS OR ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; THE SERVICES
AND CONTENT AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE,
RELIABLE, SUITABLE OR TIMELY; THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND
DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES,
WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE TRANSMISSION OF
INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE.
FURTHER, use of any services does not take the place of a
consultation with a qualified physician and does not necessarily provide you
with a photo realistic after-picture. Any visualization results may differ
significantly from an actual operation or procedure and you should apply your
own judgment in making use of the visualization tool. For an accurate
evaluation, please consult a physician who will recommend treatments for your
specific volume amounts, facial structure, age, and/or other factors. PRE
does not endorse or warrant any specific surgical or non-surgical technique,
method of treatment, or outcome, and is not engaged in providing medical advice
or services.
LIMITATION OF
LIABILITY
IN NO EVENT SHALL
PRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION,
INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC
LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL
BREACH), TORT (INCLUDING NEGLIGENCE IN ANY DEGREE OR MISREPRESENTATION) OR
UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING
TO THE WEBSITE OR THE SERVICES (INCLUDING THE USE, INABILITY TO USE , OR
PERFORMANCE OF THE WEBSITE OR ANY SERVICES), EVEN IF PRE HAS BEEN ADVISED
OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
PLEASE NOTE THAT
THE DISCLAIMER OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES
IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS AND THAT SUCH LEGISLATIVE
LIMITATIONS MAY APPLY TO YOU.
Third Party Sites
The Website may
provide links to websites operated by Third Parties ("Third Party
Site(s)"). PRE is an
independent operation and does not endorse, and makes no representation or
warranty in respect of any Third Party Site or any information, content,
product or service available on or through a Third Party Site. You agree that
it is your responsibility to review and evaluate all the content on such Third
Party Sites, and that any and all risk associated with the use of, or reliance
on, any third party information, content, product or service rests with you.
When you leave the Website, PRE’s terms and policies no longer govern. You
should review applicable terms and policies, including privacy and data
gathering practices, of any Third Party Site, and should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction with any third party. YOU HEREBY RELEASE PRE AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM
ANY LOSS OR DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST
THEM, ARISING FROM YOUR PURCHASE OR RELIANCE ON OR USE OF ANY PRODUCTS OR
SERVICES MADE AVAILABLE THROUGH THIRD PARTY SITES.
Indemnity
You agree to
defend, indemnify and hold PRE, its affiliates, suppliers, licensors,
co-branders, information providers, service providers, partners, directors,
officers, employees, agents, representatives, and their respective successors
and assigns, harmless from and against any and all liabilities, claims, costs
and expenses, including without limitation reasonable attorneys' fees and
expenses, in connection with any claim or demand arising from, related to, or
in connection with, your: (a) violation of any of the provisions of this
Agreement, (b) use of, or inability to use, the Website or any of the Services,
or (c) use of, reliance on, placement, posting or transmission of, any Services
available on or through the Website. Further, you will assist and cooperate as
fully as reasonably required by PRE in the defence of any such claim or
demand.
modification and Termination
Please note that
the Agreement may be modified from time to time without notice to you, so
please check this web page on every visit to the Website. If you breach any
provision of this Agreement, you may no longer use the Website. PRE may,
in its sole discretion, modify, change, suspend or terminate, temporarily or
permanently, the Website or any part of it or any of its Services at any time,
for any reason, without any notice or liability to you. If this Agreement or
your permission to use the Website is terminated for any reason, this Agreement
will nevertheless continue to apply and be binding upon you in respect of your
prior use of the Website and anything connected with, relating to or arising
from such use. If you are dissatisfied with the Website, any of the Services,
or with this Agreement, including any terms, conditions, rules, policies,
guidelines, or practices of PRE in operating the Website and the Services,
your sole and exclusive remedy is to discontinue using the Website and the
Services. The Disclaimer, Limitation of Liability, Indemnity, Governing Law,
Miscellaneous, Trademarks, Ownership and other applicable provisions in this
Agreement shall survive any termination of this Agreement.
Governing Law
PRE controls
and operates the Website from its offices in
Miscellaneous
This Agreement
constitutes the entire agreement between PRE and you pertaining to your
use of the Website and the Services and supersedes any prior agreements between
you and PRE. PRE's failure to insist upon or enforce strict
performance of any right or provision of the Agreement shall not constitute, or
be construed as, a waiver of any right or provision. If any provision of this
Agreement becomes or is declared by a court of competent jurisdiction to be
illegal, unenforceable or void, portions of such provision, or such provision
in its entirety, to the extent necessary, shall be severed from this Agreement,
and such court will replace the original provision with a valid and enforceable
provision that will achieve, to the extent possible, the same purposes of the
original provision. The balance of this Agreement shall be enforceable in
accordance with its terms. You and PRE are independent contractors and no
agency, partnership, joint venture, employment or franchise relationship is
intended or created by this Agreement or your use of the Website. The
provisions of this Agreement shall enure to the benefit of, and be binding
upon, PRE and its respective successors and assigns and related persons
and you and your heirs, executors, administrators, successors, permitted
assigns, and personal representatives. You may not assign this Agreement or
your rights and obligations under this Agreement without the express prior
written consent of PRE, which may be withheld in PRE's sole
discretion. PRE may assign this Agreement and its rights and obligations
under this agreement without your consent. Any rights not expressly granted by
this Agreement are reserved to PRE. The parties have expressly requested
and required that this Agreement and all other related documents be drawn up in
the English language. Les parties conviennent et exigent expressement que ce
Contrat et tous les documents qui s'y rapportent soient rediges en
anglais.