Terms of service
Cactus Mineral operates this website "https://www.cactusmineral.com/" (hereinafter the “Platform »”). By deciding to use the Platform and the Platform’s services, the user, that is to say the end user or the organization (s)he represents or (s)he works for, (hereinafter the “User” or the “Users ”) accepts without delay all the Terms of Service indicated below that govern the content and the utilization of the Platform, including the « Privacy Policy » (following this Terms of Sercice) of Cactus Mineral.
These Terms of Service have the effect of legally binding the User and Cactus Mineral (hereinafter the “Parties”). The Parties are entitled to invoke these Terms of Use and to take all appropriate and necessary measures to enforce them.
If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, (s)he must stop using the Platform.
ACCESS AND USE OF THE PLATFORM
If you browse the Platform, it means that you have read, understood and accepted the Terms of Service.
The Plateform is accessible on all browsers.
THE SERVICE
The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. Cactus Mineral is not responsible for any interruption of service or updating. Cactus Mineral will try to make the updates when the affluence of visits on the Platform is at its lowest.
Cactus Mineral does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Cactus Mineral reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. Cactus Mineral cannot be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account. Cactus Mineral does not delete anything unless a User requests it. However, Cactus Mineral reserves the right to delete the creations of Users whose client account is inactive, i.e. if it has not been opened for more than six (6) months.
The User agrees, non-restrictively, to not:
- Use the Platform in a way that could harm, put out of service, surcharge or jeopardizes the Platform; ;
- Disrupt the security or otherwise abuse of the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform; ;
- Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform; ;
- Download, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;
- Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Platform;
- Use the Platform to send e-mail chains, “junk mail” or any other type of unsolicited mass e-mail; and
- Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to his use of and his activities on the Platform.
INTELLECTUAL PROPERTY
Unless provided otherwise, all intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property”) related to the Platform are the exclusive property of Cactus Mineral. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Platform without the express consent of Cactus Mineral.
Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Service, they are all referred to as “ Trademarks ”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of Cactus Mineral.
Without limiting their coverage, the Intellectual Property elements belonging to Cactus Mineral include, non-exhaustively, the following elements:
- All logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform, that are not already subject to Intellectual Property rights;
- All software, APIs and material available on the Platform; and
- All databases made available by the Platform.
Unless provided otherwise, any information provided on the Platform belongs to Cactus Mineral and is protected by the applicable laws. Furthermore, the information cannot be copied, displayed, distributed, downloaded, used with a licence, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without Cactus Mineral’ express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of Canada and the countries hosting the Platform.
The User can use the information on the Platform for a commercial use, provided that (s)he indicates on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks.
The pictures and the text contained on the Platform that are downloaded, copied, saved or printed are still subject to the Terms of Use. The User needs to assure him/herself that all the notices regarding copyrights and trademarks are still on them. The Platform’s content can be modified at all times without further notice. For additional information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact us at the following e-mail address: info@cactusmineral.com
Nothing contained herein shall be interpreted as conferring any licence or any kind of right to the User under copyright or trademarks laws.
Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.
Subject to the applicable laws, the import, creation, submission or storage of content by the User is his/her property and (s)he is responsible for ensuring that (s)he has the rights relating to its use.
EXTERNAL LINKS
Due to the type of service offered by the Platform, it will therefore be common that by using a hyperlink, the User exits the Platform to access external content (hereinafter referred to as “External Links Furthermore, Cactus Mineral does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. Cactus Mineral does not guarantee the absence of virus nor any other harmful composites on those websites or on their content.
Cactus Mineral also does not guarantee the accuracy of documents and/or information available on Internet.
SOCIAL MEDIA
The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter referred to as Social Media).
General statement
By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his/her parent/legal guardian if (s)he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use, as well as Cactus Mineral’ Privacy Policy and its Social Media terms and conditions, if any. You also consent to Cactus Mineral copying, editing, publishing, translating and distributing your comment, photo, video or other material published on a Social Media, without consideration.
Terms of use of Social Media
Some comments and other elements displayed on Social Media pages may not represent Cactus Mineral’ opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages concerning Cactus Mineral:
- Any defamatory content ;
- Any offensive content ;
- Any forged content ;
- Any obscene content ;
- Any misleading content ;
- Any illegal content ;
- Any content violating in any other way the rights of others (including privacy rights) ;
- Any advertising content ;
- Any promotional documents or any other form of undesired solicitation ;
- Any content whose origin or source is falsified ;
- Any financial or personal information about you or anyone else and ;
- Any information that Cactus Mineral would judge to be a breach or its Terms of Service.
Any information, message, link or item that, according to Cactus Mineral, enters in either one of the categories listed above will be deleted without engaging Cactus Mineral’ liability.
In addition, Cactus Mineral does not assume responsibility for filtering messages posted on Social Media.
Cactus Mineral is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.
DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY
Cactus Mineral does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Platform. All of our items are natural stones and fossils. Please understand that there may be slight variations in texture, pattern, and/or color on the pieces you receive from what is pictured in the photograph.
This information is provided "as is" without warranty of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of warranties..
p.s. We do our best to photograph the minerals and fossils as natural as possible, however, colors may vary in different types of lighting. There may also be slight variations in colors from what you see on your monitor.
Cactus Mineral is not responsible for the content posted on the Platform by the User and for any damage that may result. Each User is responsible for the content (s)he exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.
Unless if the Consumer Protection Act is applicable, Cactus Mineral shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if Cactus Mineral has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.
As a User, you will indemnify Cactus Mineral, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of Cactus Mineral, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and the service and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.
You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.
APPLICABLE LAWS AND JURISDICTION
The Platform and its content are managed by Cactus Mineral from its offices located in the Province of Quebec in Canada. The Platform, its content, the Terms of Use and your use of the Platform are regulated by the applicable legislation of Quebec and Canada, without giving effect to no principle regarding conflicts of laws.
You accept that any question or litigation regarding the Platform and your use of it will first be brought before a mediator and, in the absence of a compromise, decided by the courts of the Province of Quebec.
In addition, any court decision that any provision of these Terms of Use is void or unenforceable has no effect on the other clauses.
AMENDMENTS TO THESE TERMS
Cactus Mineral occasionally updates these Terms of Use. Continued use of the Platform constitutes the User’s agreement to these Terms of Use and to its updates.
The User accepts and recognizes that Cactus Mineral has the right to modify or supplement those Terms of Use at any time, at its sole discretion and without notice. If you object to any changes to these Terms of Use, please cease all use of the Platform. Cactus Mineral will attempt, as much as possible, to inform Users of any changes to these Terms of Use, however it is your responsibility to review them regularly to be informed of any changes that may be made.
However, when the Consumer Protection Act applies, Cactus Mineral will notify the Users of the Platform thirty (30) days prior to the effective date of such a modification of the Terms of Use. If the User refuses these changes and wishes to terminate the contract, (s)he will have at the latest thirty (30) days following the entry into force of the amendments to send a notice to Cactus Mineral and resolve, without costs or penalty, his/her obligations towards Cactus Mineral.
If you object to any changes to these Terms of Use, please stop using the Platform. Cactus Mineral will, as far as possible, attempt to inform Users of any changes to these Terms of Use. However, it is your responsibility to review them regularly to be informed of any changes that may be made.
FRENCH AND ENGLISH LANGUAGE
If a problem of definition or interpretation arises between the English and French versions of these Terms of Use, the French version shall prevail.
CONTACT PERSON
If you have any questions or comments regarding any content of the Platform, please contact us at: info@cactusmineral.com
Last update done on November 20, 2020.