CCM WEBSITE GENERAL TERMS AND CONDITIONS OF USE
Last Updated: May 31, 2021.
Please read these general terms and conditions of use (“Terms and Conditions”) carefully before using this website or any CCM content on social media sites (including without limitation Instagram, Facebook, and Twitter) (together, the “Website”).
These Terms and Conditions apply to all visits and use of the Website, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through the Website. By accessing and using the Website, you signify your consent and agreement to these Terms and Conditions, as well as the “Privacy Notice” posted on this Website, which you agree are hereby incorporated into and form a part of these Terms and Conditions, in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Terms and Conditions in their entirety, please leave the Website. Visitors to our Website are sometimes referred to in these Terms and Conditions as “you” or “your”, and together you and CCM are sometimes referred to as the “Parties”.
If you place an order on the Website, you order will also be subject to our Terms and Conditions of Sale.
1. OPERATOR OF THE WEBSITE
The Website is operated by Sport Maska Inc., 8275 Rte Transcanadienne, Bureau B110, Saint-Laurent, QC, H4S 0B6, Canada (“CCM”).
2. CONTENT ON THE WEBSITE
For the purposes of these Terms and Conditions, (i) “Content” means any form of information or data and includes, without limitation, video, audio, photographs, images, text, communications, comments, software, graphics, copyrights, trademarks, service marks, branding, logos, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Website; (ii) “User Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Website; and (iii) “CCM Content” means all Content that is not User Generated Content.
All rights in the Content, including copyright, are and remain owned by CCM, its parents, its affiliated companies, its licensors, or content providers, as applicable. Except as may be otherwise indicated within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the written consent of CCM. The use of any Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including but not limited to any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by CCM. CCM does not transfer title to the Software to you. You own the medium on which the Software is recorded, but CCM retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Your use of the Software may be subject to additional terms and conditions.
All trademarks, service marks, logos and trade names that appear on products of CCM, product packaging, or on the Website, whether registered or not (including but not limited to: the word mark "CCM", "the CCM logo") (the “Trademarks”) remain the exclusive property of CCM, its parents, its affiliated companies, its licensors or content providers (as applicable) and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without CCM’s express written consent. The use of any of the Trademarks on any other website or network computer environment, including for example, the storage or reproduction of any part of the Website in any internal or external intranet or Internet site, or the creation of links, hypertext, or deep links between the Website and any other Internet site, is prohibited without the express written consent of CCM. You may not remove any copyright, trademark or other proprietary notices from Content found on the Website.
3. DISCLAIMER OF WARRANTIES
The Website and the Content are provided “as is” and without any warranties of any kind. The Content on the Website is for general information purposes only, and does not constitute advice.
CCM does not represent or warrant that the Content and/or facilities contained on the Website are accurate, complete, or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, CCM will not provide for specific IT infrastructure or connectivity.
Thus, CCM does not represent or warrant that the Website will be uninterrupted or error free. CCM does not make any warranties or representations regarding the use of the Content on the Website in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
Additional disclaimers may appear within the body of the Website, and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of this Website or the material therein, such greater restrictions shall apply.
You acknowledge that no employee of CCM or its affiliates is authorized to make any representation or warranty on behalf of CCM or any of its affiliates that is not included in these Terms. CCM also makes no warranties with regard to the applicability of all laws and regulations affecting, without limitation, the manufacture, performance, sale, packaging and labelling of the products that are in force within your province, state or other jurisdiction.
4. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CCM OR ITS AFFILIATES, LICENSORS, CONTENT PROVIDERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR ANY CONTENT, SHALL BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY YOUR USE OF THIS WEBSITE, OR THE INABILITY TO USE, THE CONTENT OR THE WEBSITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE CONTENT ON THE WEBSITE, OR THE PERFORMANCE OF THE PRODUCTS OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, EVEN IF CCM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR FOR PRODUCTS YOU PURCHASE THAT ARE NOT AS WARRANTED. THE LIMITATIONS OR EXCLUSIONS OF LIABILITY STATED HEREIN APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
These limitations of liability shall survive the termination of these Terms and Conditions.
5. LINKS TO THIRD PARTIES
6. MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as defined above) that infringes or may infringe third-party intellectual property or other rights or that is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. CCM may deny you access to the Website at any time in its sole discretion, and which shall include situations where CCM believes that your use of the Website is or may be in breach of any of these Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
CCM further reserves the right to prosecute all misrepresentations, willful injury, fraud, malicious conduct, and any criminal conduct that you may engage in in any connection with this Website to the fullest extent permissible by applicable law.
7. CCM CONTENT
Subject to your compliance with these Terms and Conditions, CCM grants you a limited, revocable, personal, non-transferable, and non-exclusive permission to access and use the Website and CCM Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, distribute, transmit, display, reproduce, publish, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer, sell, or otherwise commercially exploit any right in the CCM Content or Website. The use of any CCM Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from CCM Content found on the Website.
We may revoke your access and use of the Website at any time (including if you violate these Terms and Conditions), and nothing herein constitutes a representation that the Website will be available to you for your access or use.
8. USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, CCM shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (“License”). You acknowledge and agree that CCM only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. CCM does not continuously monitor User Generated Content published by you or moderating between users, nor shall CCM be under an obligation to do so. However, CCM reserves the right to do so from time to time, in its sole discretion. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content are yours and yours alone and are not sanctioned, condoned, authorized or otherwise approved by CCM. Any use by you of the User Generated Content is entirely at your own risk. You must not copy the work of any third party or otherwise infringe any third-party intellectual property rights, rights of privacy or personal, or other rights of third parties, nor must you post any defamatory or disparaging statements, or post any content that would violate these Terms and Conditions. Furthermore, you represent and warrant that you have the capacity to grant the License as stipulated in this paragraph. You agree to indemnify and keep CCM, its parents, its subsidiaries, its affiliated companies, licensors and content providers harmless against all costs, expenses, damages, losses and liabilities incurred or suffered by CCM, its parents, its affiliated companies, licensors and content providers related to any User Generated Content posted or transmitted by you, or otherwise through your use of the Website.
CCM reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which CCM believes is not in accordance with these Terms and Conditions (including User Generated Content which infringes or may infringe third-party intellectual property rights, rights of privacy or personality or other rights), or is otherwise unacceptable to CCM.
You agree to promptly notify CCM in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) that you believe breaches or might breach these Terms and Conditions. You agree to provide to CCM sufficient information to enable CCM to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. CCM agrees to make good faith efforts to investigate such report and shall take such action as CCM in its sole discretion decides. However, CCM does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
9. INTELLECTUAL PROPERTY / THE DIGITAL MILLENIUM COPYRIGHT ACT
If you believe User Generated Content or CCM Content infringes copyright or trademark rights under U.S. or other national law, please notify CCM immediately using the contact information provided herein. Please provide CCM with the following information in your notice of a suspected violation:
- Identification of the material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that CCM is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
Your notice must be signed (physically or electronically) and must be addressed as follows:
Montreal, Quebec H4R 3L3
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Some information provided in a notice of infringement may be forwarded to the user who posted the allegedly infringing content. In the U.S., under Section 512(f) of the Digital Millennium Copyright Act (DMCA), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
In the United States, please see www.copyright.gov for more information about how to prepare or respond to a DMCA notice and/or www.uspto.gov/trademark for more information about trademark rights. In Canada, please see www.cipo.ic.gc.ca for more information about copyright and trademark rights.
10. UNSOLICITED IDEAS
CCM maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to CCM business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to CCM. You should therefore not post any Materials on the Website or send these to CCM by e-mail or otherwise.
11. HOW YOU CAN CONTACT US
If you have any questions or comments about the Website or these Terms and Conditions or in the event that you wish to make a complaint or report regarding the Website (or its Content), then please contact our customer service department.
12. INFORMATION OR COMPLAINTS FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to email@example.com. You may also contact CCM by writing to Customer Service, or by calling CCM at 1-800-644-1677. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
13. CHANGES TO THE TERMS AND CONDITIONS
CCM reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Please review the “Last Updated” date at the beginning of these Terms and Conditions, which provides the date these Terms and Conditions were last changed. Your continued use of the Website following the posting of changes to these Terms and Conditions will mean you accept those changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, other than publishing the “Last Updated” date, and to the fullest extent permitted by applicable law, you hereby expressly waive any right you may have to receive any other notice of any changes to these Terms and Conditions.
You agree to indemnify and hold harmless CCM and all of its agents, employees, parent companies, subsidiaries, affiliates, attorneys, contractors, agents, suppliers, licensors, and licensees (together, “Indemnified Parties”) from and against any and all damages, losses, claims, liabilities, obligations, penalties, judgments, awards, costs, and expenses, including without limitation, legal fees and costs, (collectively, “Damages”) in connection with any claim brought by a third party arising out of any violation by you of any term or provision set forth in these Terms and Conditions or the foregoing representations, warranties and covenants. We shall have the right to defend, settle, and compromise any such claim with counsel of our own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter you indemnify CCM for without the written consent of CCM.
If you are a California resident, you waive California Civil Code Section 1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.
16. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws in force in the Province of Quebec and you and CCM hereby submit to the non-exclusive jurisdiction of the Quebec Courts.
If we fail to insist that you perform any of your obligations under these Terms and Conditions, or the terms herein incorporated, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
18. TRANSFER OF RIGHTS
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
These Terms and Conditions have also been drafted in other languages. Please refer to our home page to access those versions.
20. ENTIRE AGREEMENT
These Terms and Conditions, as well as the “Terms of Sale” (as applicable) and the “Privacy Notice” posted on this Website, are conditions you agree to be bound by in using this Website.