The masculine form used in this text represents both male and female genders.
1. Summary presentation
Welcome to BaladoDiscovery, an application specifically designed for those who own smart devices and who want to travel and locate places (by using the GPS and maps) while consulting practical information about the suggested points of interest (audio, photo, text and/or video). BaladoDiscovery is the ideal tool for anyone who wants to discover tours and themes at his own pace, independently and in an original way.
A universal directory and a search engine allow you to find the available tours to explore in different regions while taking into account the users’ preferences, whether they are visitors, adventurers, professors, historians, architects, hikers, geologists, cyclists, etc.
This iOS and Android smart device application allows you to complete tours easily and to discover points of interest while you travel. It gives you access to a wide directory of tours and allows you to access maps and landmarks without any Internet connection during the journey.
The organization L’Aire de jeu inc. produced the BaladoDiscovery platform in Canada, with its partners and donors and in collaboration with the Canada Interactive Fund.
1.1 Free application
The access to the application (iOS and/or Android) is free around the world.
1.2 Free tours
All tours available to visitors of Canada are free.
1.3 Non-free tours outside Canada
Access fee may be charged for some tours, per unit, per device (not based on the number of participants). The operation of the platform outside Canada can also be granted to other organizations, allowing them to operate the platform for specific territories.
1.4 Payback for commercial tours creator outside Canada
To create a commercial tour and get payback - with the exception of Canada where all tours are free for visitors - please first register as a creator on BaladoDiscovery.com website (Creation menu) and get in touch with the team by clicking New tour.
1.5 Advertising and promotion the tours offered on BaladoDiscovery
It belongs to the creator to advertise and promote his own tour. The creator of the tour must display prominently at least one advertisement (ex. : an iFrame) on his own website leading to the page of the said tour on the BaladoDiscovery website, including the BaladoDiscovery logo.
the creator of tours will receive his share of permanent visibility to all BaladoDiscovery users as his tour will be available to all on the BaladoDiscovery platform. Indirect promotion of each tour is provided by BaladoDiscovery for free. As soon as you publish content (photo, video, text or audio) on BaladoDiscovery, you authorize L'Aire de jeu and / or administrative team of BaladoDiscovery to use it to promotion the same platform and / or its tours.
1.6 Tours posted on third-party websites in addition to the BaladoDiscovery website
With the tools offered on BaladoDiscovery, you can create tours and later post them in whole or in part on other websites, as well as showing them on BaladoDiscovery. It is recommended to seek assistance from a programmer. You have to click on the "Show on your website" option on the page of the tour and follow the instructions in order to do so.
3. Conditions of use
L'Aire de jeu produced the mobile applications BaladoDiscovery/Baladodécouverte, and the company Cinax inc. Produced the management module to assemble the tours. Cinax also sees to provide the technical services, the management of the platform and the follow-up with its users. Here are our conditions of use:
3.1 Conditions of access
When you visit and use the BaladoDiscovery platform, you acknowledge having read, understood and accepted the conditions of this agreement. If you don't accept these conditions, you must refrain from accessing the BaladoDiscovery platform or using it. If you don't agree with the conditions, rules, policies, guidelines or practices of the BaladoDiscovery platform operated by l'Aire de jeu inc and Cinax inc, you are not allowed to keep using it and thereby you contravene these rules and conditions. L'Aire de jeu inc. can revise these conditions at any moment, and the update will be displayed at the bottom of this page. The subsequent use of the BaladoDiscovery platform will constitute acceptance of the revised conditions. You are also invited to visit this page regularly to be aware of any changes. These conditions apply to all the users of BaladoDiscovery, whether you are the owner of a device giving access to BaladoDiscovery, or the guest of the owner of a device giving access to BaladoDiscovery (the owners of devices are required to inform their guests of the existence of these conditions).
Many tours, themes and other contents for tourists from the BaladoDiscovery platform are offered for free to the general public in Canada because of the community initiative led by L’Aire de jeu inc.
Website languages: English (BaladoDiscovery.com) and French (BaladoDecouverte.com). Tours’ main languages: French, English and Spanish.
3.4 Languages in which tours can be available
The tours and themes can be offered in 45 languages. The website users can only see the languages in which tours are available. They can also pick out the language specific to each tour with the advanced search filter.
3.5 Age required (and mental age)
Any minor using BaladoDiscovery/BaladoDécouverte acknowledges that he/she is authorized to do so by a person able to make such decisions (father, mother or legal guardian) within the meaning of the prevailing laws in Canada, province of Quebec. The parent or legal guardian assumes complete responsibility for his/her decision. BaladoDiscovery offers content and activities generally accessible for all ages, but it is up to the parents or legal guardians to decide. It is up to the parents or legal guardians to judge if these minors must be accompanied by a supervisor or not during the trips. This rules also applies for any person who would have a disability causing a risk, such as a mental age limiting his/her comprehension skills regarding BaladoDiscovery/BaladoDécouverte.
3.6 Means of access to the service
It is up to the users to make sure that they have Internet access and a software that allows them to see the BaladoDiscovery platform’ contents.
3.7 Compatibility of the website
BaladoDiscovery.com is compatible with Mozilla Firefox, Safari, Google Chrome, Explorer 7 and its newer versions.
L’Aire de jeu is a canadian non-profit organization that offers for free the BaladoDiscovery application, its institutional tours creation module, in addition to its institutional tours catalog. BaladoDiscovery exists because of your generous donations, among other things. Click here to donate to L’Aire de jeu.
3.9 Tours and themes creation
Most of the tours and themes are accepted as long as they are of cultural, touristical, historical, archaeological, architectural, artistic or botanical nature, etc. However, the BaladoDiscovery moderators can refuse some tours or themes if they are not related to recreational purposes or if they are not of interest for the main users of the BaladoDiscovery platform. The moderation team can also refuse tours and themes that only pinpoint location without any relevant details for the visitors or that are considered too commercial. Only the BaladoDiscovery moderators are authorized to make these decisions. Tours have a two year broadcast time (in general) or one year (for the education sector) with the possibility to extend the duration of the broadcast and obtain guarantees of additional services annually thereafter, if desired.
The BaladoDiscovery moderators can refuse tours and themes, and, they cannot be reprimanded for any possible refusals. The unapproved tour or theme will not be deleted and the tour creator will have 10 days to make changes, as the case may be.
Examples of accepted tours and themes:
In the Tours and themes creation section, you can add video, audio, photo or text contents:
3.10 Tours and themes preloading
The tours, themes and their contents can be preloaded on the smart devices and then be consulted offline. After being loaded on the device, the preloaded tours and themes will remain available in the "My tours" section as long as the user doesn't delete them.
The contents creators declare that they are in order regarding the publication rights of their contents. All the audio, photo, text and video contents on the BaladoDiscovery platform must belong to the tour creator or be subject to an agreement transferring the rights of use from the owner to the tour creator, unless the content is part of the public domain. Each creator of contents formally commits to respecting that.
The contents creators also declare that they transfer to BaladoDiscovery and L’Aire de jeu inc. or its transferees the rights to present these contents on the BaladoDiscovery platform and on third-party websites, through BaladoDiscovery.
The creator also authorizes BaladoDiscovery to commercially exploit some tours. The tour creator also drops all claims or requests for financial compensation, with the exception of a possible % of the incomes of some of the tours. The tour creator and the platform user must free L’Aire de jeu inc. and its BaladoDiscovery platform transferees from any loss and/or injury from which a third party can take advantage.
3.12 Online contents and Intellectual property
You must be the author or be authorized by the author(s) of the audio, photo, text or video contents to publish them on the BaladoDiscovery platform. You systematically agree with the above when publishing and sharing any contents with the public of this platform.
Using the BaladoDiscovery platform does not give you any intellectual property rights on the BaladoDiscovery platform or on the contents you access, except the ones that you offer and agree to share. All materials displayed or otherwise accessible through the BaladoDiscovery platform, including articles, text, photographs, images, logos, brands, illustrations, audio clips, video clips, tours, themes, computer software and code (the content) are protected under Canadian copyright or other laws, and are owned whether by L’Aire de jeu inc., its transferees or the person or organization accredited as the creator and provider of the content.
You will respect all additional copyright notices, information and restrictions on or contained in any of the content accessed through the BaladoDiscovery platform. Any use, reproduction, adaptation, distribution, broadcasting, copy, modification, posting, public performance or display, transmission, redistribution or other exploitation of the BaladoDiscovery platform or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of L’Aire de jeu inc. management.
The names or trademarks of the products, services, companies or logos featured on the BaladoDiscovery platform may be registered trademarks protected by their respective owners. It is forbidden to use, whether in whole or in part, any trademarks featured on the BaladoDiscovery platform without the prior written permission of L’Aire de jeu inc. or its transferees that own the rights to these trademarks.
Any inappropriate use may be subject to a legal action to protect the rights of BaladoDiscovery, L’Aide jeu inc. and its transferees.
3.13 Copyright on the BaladoDisocvery platform (including the French version BaladoDécouverte)
All the rights related to the full use and operation of the BaladoDiscovery platform, which include all the rights related to the conceptualization, ergonomics and the BaladoDiscovery platform website and applications programming, are owned by L’Aire de jeu inc. and its possible duly authorized transferees, unless otherwise noted with the exception however of tours, trails and multimedia contents, which belong to each of the registered creators, according to their statement, as agreed by everyone.
BaladoDiscovery includes several features forming an original work and conceptual subsets, which are all owned by L’Aire de jeu inc. and its duly authorized transferees.
You can use the available modules of this website as long as you acknowledge and assign the ownership of the rights to BaladoDiscovery. Any other use is strictly forbidden. For clarification, the modification, publication, downloading, duplication on another website or the use for public or commercial purposes of the modules featured on this site, whether in whole or in part, is strictly forbidden without the express written permission of the 9029-1949 Québec inc. management or of a duly authorised transferee. BaladoDiscovery is protected by copyright under the federal prevailing laws in Canada.
The Balado® and BaladoDiscovery® trademarks are owned by 9029-1949 Québec inc. This company transferred the rights of use of these trademarks to L’Aire de jeu inc. and its possible transferees.
The commercial part of BaladoDécouverte / BaladoDiscovery (known as "Commercial account") is entirely administered by Cinax inc. The staff of Cinax Inc. manages income, royalties and other revenues and expenses related to the title, with the permission of L'Aire de jeu inc.
If you notice the presence of contents that constitute a copyright infringement for a person or an organization, offensive contents or contents that violate private life according to the laws of the country in which the tour creator is located and the current laws in Canada, you can report these contents to the website moderator. Then, the moderator will be able to do what is needed to fix the problem.
1. Go to BaladoDiscovery.com;
2. Go to the page of the tour in which there is a content to report;
3. Click on « Report » at the bottom of the left column;
4. Complete the section by selecting the content to report.
If there is more than one content to report, complete the steps no. 2, 3 and 4 again for each content you have to report.
3.14 Sharing contents and information
When you decide to publish contents or information, you allow everyone to access and use them, including the people who do not directly use BaladoDiscovery.
When you share your thoughts or feedback on BaladoDiscovery, you understand that you do that via the Facebook website. You agree to provide access to some of your information, including your name and your profile picture, to the BaladoDiscovery and Facebook users.
3.15 Reliability of the contents
The main objective of the BaladoDiscovery platform is to entertain the users in an original way. The available information on the BaladoDiscovery platform is usually reliable, without necessarily being reliable all the time. The participants’ opinions featured on the BaladoDiscovery platform, especially the feedback from the users, might not necessarily reflect the opinion of the people in charge of L’Aire de jeu inc.
Regarding everything that is added by the participants, BaladoDiscovery takes into account the right to freedom of expression in Québec and everywhere else in Canada, a country where the access to information is regarded as a legitimate right. L’Aire de jeu inc. also gives high importance to the respect of the Québec Charter of Humans Rights and the Canadian Charter of Rights and Freedoms, while respecting the federal prevailing laws in Canada, where the head office is located.
Harassment, regardless of the nature, towards the employees, the owners, the tours creators and the people featured in the contents available on the BaladoDiscovery platform, especially the use of obscene or abusive language in the e-mail messages or any other forms of communication, is strictly forbidden and may be subject to legal action.
3.17 Creation of links
BaladoDiscovery authorises the implementation of hypertext links pointing towards its contents, subject to:
The links created in this context must only be used for personal, associative, professional purposes and any use for commercial or advertising purposes is forbidden. Any created links coming from websites which disseminate information of a pornographic, illegal, offensive, propaganda or controversial nature, or, more generally, which may be upsetting or shocking, is also forbidden.
3.18 Responsibility regarding hyperlinks to third-party websites
L’Aire de jeu inc. brings something more to its visitors: links to other websites that are owned and operated by third parties. As the external sites to which we provide links are owned and administered by third parties, L’Aire de jeu inc. has no control on their contents and practices. Also, L’Aire de jeu inc. offers no guarantee to the users regarding the contents, their accuracy, quality and integrity, and the practices of these third-party sites, especially in terms of the protection of privacy and personal information.
The inclusion of links in BaladoDiscovery does not mean that L’Aire de jeu inc. sponsors other services, trademarks, commercial names, service brands, drawings, logos, symbols and other elements that are protected by copyrights and are posted on those sites or available through these websites, neither does it mean that we approve or assume them, are associated or affiliated with them.
However, the BaladoDiscovery platform user is asked to report to the L’Aire de jeu inc. representatives any relevant feedback that he may have regarding the hypertext links featured on the BaladoDiscovery platform. BaladoDiscovery also reserves the right to require a hypertext link to be removed at any moment.
Every BaladoDiscovery platform user agrees that “Cookies”, which are data from his browser, allow the BaladoDiscovery computer to recognize his own computer. A cookie is a little piece of data stored on the user’s hard disk when he accesses a website. These data are used as a reminder for the user’s preferences to make their next access to the website more efficient and to facilitate the use and browsing of BaladoDiscovery.
3.20 Registration and account security
You need to register a username and a password to access the BaladoDiscovery website functions that allow you to create tours. If you decide to register, the information that you provide will stay confidential.
When you register, you have to give the name of an organization. This organization must be able to give information about the tours or themes creator to the BaladoDiscovery administrators. It also has to approve the contents given by the tours or themes creator.
Here are some of the conditions that you undertake to respect regarding your registration and account security:
You are the only person responsible for the confidentiality and use of your username and password. You can fill in a form to contact the BaladoDiscovery moderator in order to modify or ask for your username and password if you have lost or forgotten it.
We do everything in our power to make BaladoDiscovery a secure service. You must respect the following obligations:
Any message or content that does not respect these measures will be removed without any notices, explications or formal demands. Action, like warnings or exclusions, can be taken. Any violation or attempted violation of restricted password protected areas can lead to legal action for the offender.
When you post contents on the BaladoDiscovery platform, you agree that you are the only person responsible for their content and legality and that you own all their rights. You agree to free the BaladoDiscovery platform publisher for any loss and/or injury from which a third party can take advantage.
3.22 Disclaimer or warranties
When you access and use the BaladoDiscovery platform, you acknowledge that you do so entirely at your own risk. L’Aire de jeu inc. makes no representation or warranty to the user regarding the BaladoDiscovery platform and its content, including, without limitation, no representation or warranty:
3.23 Limitation of liability
Subject to applicable law, in no event shall L’Aire de jeu inc., its managers, administrators, employees, transferees or their respective successors and assigns, be liable for any special indirect, incidental, or consequential damages of any kind, including, without limitation, any loss or damages in the nature of, or relating to, lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if L’Aire de jeu inc. knew of or ought to have known of the possibility of such damages.
In no event shall L’Aire de jeu inc., its managers, administrators, employees or transferees or their respective successors and assigns:
If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the BaladoDiscovery platform, you do so entirely at your own risk.
You hereby release L’Aire de jeu inc., its managers, administrators, employees, transferees or their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your use of any products or services made available through the BaladoDiscovery platform or by third parties through the BaladoDiscovert platform.
Under no circumstances L’Aire de jeu inc. shall be held liable for any loss or damage related directly or indirectly to delays or waiting times involved in the use of the BaladoDiscovery platform, any user’ inability to use the BaladoDiscovery platform and any computer virus that may infect the computer of a user who accesses the BaladoDiscovery platform.
L’Aire de jeu inc. cannot be held liable for any unexpected event related to any service disruptions, breaches, missing data or involuntarily imprecise or incorrect data featured on the BaladoDiscovery platform. You will not receive any refund or compensation related to such unexpected events.
If you notice any malfunction from the interactive program or any inaccuracies related to the tours, themes, maps instructions, video, audio or visual contents, the L’Aire de jeu inc. representatives cannot be held liable. But they want you to report these problems by e-mail as soon as possible.
The L’Aire de jeu inc. corporation and its possible transferees make not refund related to such unexpected events. If you report these possible errors or inaccuracies or give suggestions, you will help improve the online contents and the other users will benefit from accurate and up-to-date information.
You acknowledge that you know and accept the characteristics of the Internet and of its use, especially the restrictions regarding the technical performances, response time and any risks related to the communication security. L’Aire de jeu inc. and its possible transferees cannot be held liable for anything unavailable, any anomaly, errors, absence of service, technical fault, failure or interruption on the BaladoDiscovery platform, whether it is inaccessible or partially accessible. L’Aire de jeu inc. cannot be held liable neither for any defective module, including the tours and themes creation and consultation modules.
However, we take all the measures necessary to make the platform as effectively as possible and easily accessible to everyone. The BaladoDiscovery platform user should report to the L’Aire de jeu inc. representatives any problem and error or give any relevant feedback to improve the BaladoDiscovery platform.
The L’Aire de jeu inc. representatives conduct regular checks on the contents and reserve the right to correct or not the errors and inaccuracies reported by the participants. We also reserve the right to validate, invalidate or remove any contents posted on the platform; to move them from a section to another; to make any typographical correction or spell check to them; to add messages or visual files to them; to delete old or outdated contents; to refuse to show any content that we reasonably think is contrary to the law or to our rules, and, more generally, to do any required changes or intervention for technical reasons or to optimise the use of the BaladoDiscovery platform.
Under no circumstances a user of the BaladoDiscovery platform can hold L’Aire de jeu inc. and its possible transferees responsible for material or physical issues (for example, an injury on the road). If a user decides to go to the places suggested in the BaladoDiscovery tours or themes, L’Aire de jeu inc. cannot be held responsible neither for their physical limitation problems related to these suggested tours. Overall, we cannot be held responsible for any kind of damage or loss related to your use of the BaladoDiscovery platform and its contents.
Each participant acknowledges being able to determine by himself his capacity to spend time and to travel to different places and areas without damaging his own health and the health of others. It is also up to all the participants to determine by themselves if a tour is accessible (for example, if the road is closed or if there are constructions or repairs). Each participant is entirely responsible for all his own travels, even if they were suggested in a tour or a theme. The itinerary provided with the tour is only a suggestion.
The tours and themes creators as well as L’Aire de jeu inc. cannot be held liable for any error of judgment made by some users of the BaladoDiscovery platform related to their capacity to travel.
If necessary, L’Aire de jeu inc. and/or its possible transferees could report the user (for example, with his IP address), submit an appeal to his Internet service provider or have any legal proceedings with this user.
4. Privacy and Responsibility
The information collected with the consent of the user during his registration on BaladoDiscovery.com, such as information about the tours or themes creators, is held by the BaladoDiscovery.com website administrators for the management of the activities related to the contents. But this information will not be sold, rented, exchanged or lent to any companies not concerned with these activities.
The Quebec and Canadian laws protect the user’s personal information. Except where prohibited by law, all personal information obtained about users through the BaladoDiscovery platform shall be deemed strictly confidential. As a content host, BaladoDiscovery is required to keep any data that could help identify any person who published contents through the platform, in case of a request by legal authorities. BaladoDiscovery is also required to remove and/or to prevent the access to illicit contents as soon as BaladoDiscovery is aware of it.
BaladoDiscovery is not subject to a general obligation to supervise and control the published information and contents. It is materially and technically impossible for L’Aire de jeu inc. to control all the messages posted by users and L’Aire de jeu inc. cannot in this respect incur any liability whatsoever. However, BaladoDiscovery reserves the right to remove or not any litigious content, in whole or in part.
In the event of any complaint or objection related to elements or contents published on the BaladoDiscovery platform, and in accordance with the legal requirements, you should contact us by e-mail, in order to remove them.
Before removing anything, BaladoDiscovery reserves the right to verify the identity first or get further information in order to ensure that your request is valid and correct. BaladoDiscovery cannot be held responsible if it cannot be informed, because of, among others, the lack of elements or of their inconclusive nature. We remind you that if you provide false, inaccurate or misleading information, your own liability will be invoked.
If a sub-contractor or a supplier unrelated to L’Aire de jeu inc. must use any personal information compiled by BaladoDiscovery, they must sign a confidentiality agreement dictating that the information is to be used for the sole purpose of what the user consented to, any other re-transmission is strictly prohibited.
Furthermore, each tours or themes creator of the BaladoDiscovery platform acknowledges that he respects the privacy of others and the copyright. He acknowledges that he is the only person responsible for everything that he chose to make public on the BaladoDiscovery platform, including all the contents.
Each tours and themes creator declares that the information he made available to the public on the BaladoDiscovery platform is accurate or updated on a regular basis or when necessary, to the best of his knowledge. The tours or themes creator is the only person responsible if a BaladoDiscovery platform user is being misled when completing the tour. L’Aire de jeu inc. cannot be held liable of any wrong instructions in the tours and themes.
Each tours and themes creator declares that he takes into account the laws of his country of residence. The tours and themes creators acknowledge that they are responsible for everything they chose to make public on the BaladoDiscovery platform. In case of dispute, the tour creator is the only person responsible for anything that he displays on BaladoDiscovery. L’Aire de jeu inc. and its transferees cannot, under any circumstances, share or take this responsibility.
The people and organizations registered agree to receive newsletters presenting the latest news about BaladoDiscovery.
5. Applicable Laws
Updated on July 11th 2013