Legal notice

By using BaladoDécouverte, navigating its website and using its applications, you accept everything listed on this page. You are deemed to have read and understood the summary presentation, definitions, terms of use of BaladoDécouverte, the privacy and liability section, and the Applicable Law section below.

Note: The use of the masculine gender is intended to lighten the text. It is used to designate both the feminine and masculine genders.

1. Summary Presentation

Welcome to BaladoDécouverte, an application designed specifically for owners of smart devices who wish to travel and locate places (using GPS and maps) while consulting practical information about the proposed points of interest (audio, photo, text and/or video). BaladoDécouverte is the ideal tool for anyone who wants to discover circuits and themes at their own pace, independently and in an original way. A universal directory and a search engine allow users to find available circuits in different regions while taking into account the preferences of users, whether they are visitors, adventurers, teachers, historians, architects, hikers, geologists, cyclists, etc. The iOS and Android smart device application allows you to explore circuits with ease and discover points of interest while moving. It gives you access to a large directory of circuits and allows you to access geographic maps and landmarks, even without an Internet connection during the journey. The BaladoDécouverte platform was produced in Canada by the organization L’Aire de jeu, with the help of its partners and donors, in collaboration with the Canada Interactive Fund.

1.1 Free Application

Access to the application (iOS and/or Android) is free worldwide.

1.2 Free Circuits

All circuits offered to visitors in Canada are accessible free of charge.

1.3 Sometimes Paid Circuits Outside Canada

Access costs may be charged for certain circuits, per unit, per device (not based on the number of participants). The operation of the platform outside Canada may also be subject to concession(s) allowing other organizations or companies to operate it based on large territories.

1.4 Rebates for Creators of Commercial Circuits Outside Canada

To offer a paid circuit and obtain rebates – except in Canada where all circuits are free for visitors – please first register as a circuit creator on the BaladoDecouverte.com website (Creation menu) and contact the BaladoDécouverte team by clicking on New Circuit.

1.5 Advertising and Promotion of Circuits Offered on BaladoDécouverte

It is the responsibility of the circuit creator to advertise and promote their own circuit. At a minimum, the circuit creator must display, in a prominent section of their own website, at least one advertisement (e.g., an iFrame) leading to the page of said circuit on the BaladoDécouverte website, including the BaladoDécouverte logo.

The circuit creator will benefit from permanent visibility among all BaladoDécouverte users, as an available circuit for everyone on the BaladoDécouverte platform. Indirect promotion of each circuit is offered by BaladoDécouverte. For each content published (photo, video, text or audio) on BaladoDécouverte, you authorize Cinax inc. and/or the administrative team of BaladoDécouverte to use this content for the promotion of the platform of the same name and/or its circuits.

2. Definitions

The following definitions apply to the Legal Notice and Terms of Use of the BaladoDecouverte.com website.

Cinax inc.: Name of the company that designed the application and the module for assembling circuits. It also responds to the needs of individuals and organizations that offer (or wish to offer) circuits to visitors. This company also holds an operating right agreed with 9029-1949 Québec inc. regarding commercialization.
9029-1949 Québec inc.: Company holding the BaladoDécouverte trademark and commercialization rights.
L’Aire de jeu inc.: Name of the company that produced the first version of the BaladoDécouverte application (BaladoDiscovery) at the time of design in 2011, a non-profit organization having assigned all its rights relating to this platform to Cinax inc.
We: The administrators of BaladoDécouverte/BaladoDiscovery (Cinax inc., 9029-1949 Québec inc. and its authorized assignees)
BaladoDécouverte® (or BaladoDiscovery in English version): Name of the platform used both on the Web and for applications. Also the name of the website. Everything concerning BaladoDécouverte also concerns BaladoDiscovery (English version of BaladoDécouverte). Balado® and BaladoDécouverte® are trademarks registered with the Canadian Intellectual Property Office (CIPO).
Creator: Individual, city, organization or company that registers on BaladoDécouverte/BaladoDiscovery from the Creation menu and offers at least one circuit to visitors who use this platform. The creator declares having read and accepted the conditions of this legal notice at the time of registration.
Platform: All components of BaladoDécouverte, namely the website, the mobile site, the applications (Android phones and tablets and iPad, iPhone and iPod phones and tablets).
User (or participant): Person who browses the BaladoDécouverte website (also including the creator). This person who browses and/or uses the BaladoDécouverte platform, totally or partially, declares having read, understood and accepted all the content of the BaladoDécouverte Legal Notice.
Minor: Person who claims to be a minor according to the laws of the country and region where they are recognized as a citizen and in the countries and regions where they use BaladoDécouverte.
Supervisor: Person who accepts responsibility for supervising and accompanying one or more minors during certain trips, in connection with certain activities. The supervisor must be of legal age in the country and region where they are a citizen and in the countries and regions where they use BaladoDécouverte. The supervisor of a BaladoDécouverte participant acknowledges being duly authorized by the parents or guardian of the minor they are accompanying.
Assignee: All organizations duly authorized by L’Aire de jeu inc. and/or 9029-1949 Québec inc. to operate BaladoDécouverte and its platforms in specific territories. Including all circuit creators registered with BaladoDécouverte.
Circuit: A circuit consists of points of interest that may sometimes be linked together by an itinerary and information relating to each point of interest. At least three points of interest are required to create a circuit. The circuit guides and informs visitors through their smart devices (Android and iOS phones and tablets).
Theme: A theme encompasses several points of interest. It is the equivalent of a circuit.
Point of Interest (or key stop): Each point of interest (or key stop) is a location where visitors can view multimedia content.
Content: Content is a file that can be audio and/or video and/or photo and/or text.

3. Terms of Use of BaladoDécouverte

3.1 Access Conditions

When you visit and use the BaladoDécouverte platform, you acknowledge having read, understood and accepted the conditions of this agreement. If you do not accept these conditions, you must refrain from accessing or using the BaladoDécouverte platform. If you do not agree with the conditions, rules, policies, guidelines or practices of the BaladoDécouverte platform operated by Cinax inc., you are not authorized to continue using it and, by doing so, you are in violation of these rules and conditions. Cinax inc. may revise these conditions at any time and the update will be displayed at the bottom of this page. Use of the BaladoDécouverte platform after the posting of such modifications will constitute acceptance of the revised conditions. You are also invited to visit this page periodically to be aware of any changes. These conditions apply to all users of BaladoDécouverte, whether you own a device providing access to BaladoDécouverte or are a guest of the owner of a device providing access to BaladoDécouverte (device owners are required to inform their guests of the existence of these conditions).

3.2 Funding

Free: All themes and other content on the BaladoDécouverte platform are offered free of charge to the general public. The application is also free.

Paid: for theme creators

We will confirm the exact cost of any new thematic project based on a quote, following the applicant’s request.
Initial training as well as personalized advice and creative and marketing follow-up are offered following each registration.
The broadcast period for a new theme normally covers the first 12 months, from the time the theme is made public (theme anniversary date).
The extension period for a theme takes place each year thereafter, from its anniversary date.
To stop broadcasting a theme, the client only needs to request it before the annual anniversary date (after which the extension is deemed accepted by them).
It is possible to stop broadcasting a theme at any time at the client’s request, as long as the payment for the current year is settled by the client.
An invoice is sent to the account holder before (sometimes shortly after) the anniversary date, indicating the period covered by the theme extension.

3.3 Languages

Website interface languages: French (BaladoDecouverte.com), English (BaladoDiscovery.com) and Spanish (BaladoDiscovery.es). Main circuit languages: French, English or Spanish.

3.4 Languages in Which Circuits May Be Available

Circuits and themes can be offered in 45 languages.

3.5 Required Age (and Mental Age)

Any minor who uses BaladoDécouverte/BaladoDiscovery acknowledges being authorized to do so by a person capable of making such decisions (father, mother or legal guardian) within the meaning of the laws prevailing in Canada, province of Quebec. The parent or legal guardian assumes full responsibility for their decision. BaladoDécouverte offers content and activities generally accessible to 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 whether these minors should be accompanied by a supervisor or not during travel. This rule also applies to any person who may have a disability at risk, such as a mental age limiting their understanding of BaladoDécouverte/BaladoDiscovery.

3.6 Means of Access to the Service

It is the user’s responsibility to ensure they have Internet access and software that allows them to access the content of the BaladoDécouverte platform.

3.7 Website Compatibility

BaladoDecouverte.com is compatible with Mozilla Firefox, Safari, Google Chrome as well as Explorer 7 and its most recent versions.

3.8 Creation of Circuits or Themes

Most circuits and themes are accepted if they are of a cultural, tourist, historical, archaeological, architectural, artistic, botanical nature, etc. However, certain circuits or themes may be refused by the BaladoDécouverte moderation if they do not fit within the context of leisure or interest for the main users of the BaladoDécouverte platform, or if they only serve to identify places without more pertinent details for visitors, or if they are deemed too commercial by our moderation service. Only BaladoDécouverte moderators are authorized to make this type of decision. Commercial circuits have a broadcast duration of two years with the possibility of extending the broadcast duration and obtaining additional service guarantees on an annual basis thereafter, if desired.

Examples of refusals:

A network of car dealerships that only lists branches;
A restaurant chain that lists its branches.

Any possible refusal will be made by the BaladoDécouverte moderation service and cannot be subject to reprimand. The unapproved circuit or theme will not be destroyed, and the circuit creator will have 10 days to make modifications, as applicable.

Examples of accepted circuits and themes:

Any historical, archaeological, botanical or architectural circuit grouping specific places likely to interest the BaladoDécouverte audience composed mainly of visitors;
A theme designed mainly to help visitors (directory of theaters, or directory of beaches presenting a minimum of one content per point of interest).

In the circuit or theme creation section, you can add video, audio, photo and text content:

Video content will not be compressed if submitted in MP4 format and if their size does not exceed 30 MB each. Other video formats submitted will generally be accepted, but they will be converted to MP4 (and will be compressed).
Audio content submitted must be in MP3 or WAV format and their size must not exceed 15 MB each.

3.9 Preloading of Circuits and Themes

The BaladoDécouverte platform allows preloading of circuits or themes and their content into smart devices and then viewing them without Internet. Following loading into the device, preloaded circuits or themes will remain available in the device until the user decides to delete them.

3.10 Copyright

Content creators declare that they are in compliance with the publication rights of the content: any audio, photo, text or video content presented on the BaladoDécouverte platform must belong to the circuit creator or must have been the subject of a license agreement between its owner and the circuit creator, unless it is from the public domain. Each content creator formally commits to this.

Content creators also declare that they assign to BaladoDécouverte and to Cinax inc. or its assignees, the rights to present this content on the BaladoDécouverte platform and on third-party sites, through BaladoDécouverte.

Both the circuit creator and the platform user must indemnify Cinax inc. and its assignees of the BaladoDécouverte platform from any prejudice that third parties may claim.

3.11 Content Publication and Intellectual Property

You must be the author or be authorized by the author(s) of the audio, photo, text or video content that you publish on the BaladoDécouverte platform. You systematically consent to this by publishing and sharing any content with the audience of this platform.

The use of the BaladoDécouverte platform does not confer any intellectual property rights on BaladoDécouverte or on the content you access, except those that you offer and agree to share. Everything that is displayed or otherwise accessible through the BaladoDécouverte platform, including articles, texts, photographs, images, logos, trademarks, illustrations, audio and video clips, circuits, themes, software and codes (the content), is protected by Canadian laws, particularly copyright law, and belongs either to Cinax inc., or to its assignees, or to the person or organization recognized as the creator and provider of the content.

You must respect all other copyright notices, information and restrictions concerning content accessible through the BaladoDécouverte platform. The use, reproduction, adaptation, distribution, copying, modification, display, public performance, making available to the public, transmission, redistribution or other exploitation of the BaladoDécouverte platform or any content, in whole or in part, except as expressly provided herein, is strictly prohibited without the written permission of the management of Cinax inc.

The names or trademarks of products, services, companies and logos mentioned on the BaladoDécouverte platform may be registered or unregistered trademarks of their respective owners and protected accordingly. It is prohibited to use, partially or totally, any trademark appearing on the BaladoDécouverte platform without the prior written authorization of Cinax inc. or its assignees holding the rights to these trademarks.

Any infringing use could be subject to legal action to preserve the rights of BaladoDécouverte, Cinax inc. and/or its assignees.

3.12 Copyright on the BaladoDécouverte Platform (including the English version BaladoDiscovery)

All rights relating to the full use and full operation of the BaladoDécouverte platform belong to Cinax inc. and its duly authorized assignees, including 9029-1949 Québec inc., including all rights relating to the conceptualization, ergonomics and programming of the website and applications of the BaladoDécouverte platform, except however for circuits, itineraries and circuit content, which belong to each registered creator, according to their statement, as accepted by each. BaladoDécouverte contains several features that form an original work and original conceptual subsets, property of Cinax inc. and its duly authorized assignees.

The computer modules of the platform may not be reproduced, in whole or in part, outside the context of BaladoDécouverte. Any other use is strictly prohibited. For clarification, the modification, publication, downloading, reproduction on another Internet site or use for public or commercial purposes of the computer modules found on this site, in whole or in part, is strictly prohibited without the prior agreement of the management of 9029-1949 Québec inc. or an authorized rights assignee. BaladoDécouverte is a work protected under federal copyright laws prevailing in Canada.

The Balado® and BaladoDécouverte® trademarks belong to 9029-1949 Québec inc., a company that has assigned the rights of use to Cinax inc. and its eventual assignees.

The commercial part of BaladoDécouverte/BaladoDiscovery (attributable to the “Commercial Account”) is entirely administered by Cinax inc. The Cinax inc. staff manages revenues, royalties and other income and expenses related to the title.

If you notice the presence of content that constitutes a violation of the copyright of an individual or an organization, or offensive content or content that violates privacy according to the laws of the country where the circuit creator is located and according to the laws in force in Canada, you can report it to the site moderator who can then do what is necessary to correct the situation.

To do this:

Go to the BaladoDecouverte.com website;
Go to the page of the circuit with content to report;
Click on “Report” at the bottom of the left column;
Fill in the section by selecting the content to report.

If there is more than one content to report, repeat steps 2, 3 and 4 for each content to report.

3.13 Content and Information Sharing

It is prohibited to use and/or copy circuit content other than in the context of BaladoDécouverte, except for advertising/promotion purposes of the theme to which the content used belongs.

When you decide to share content or information from BaladoDécouverte, you agree to use the sharing shortcuts provided on the website and in the application and/or to copy-paste hyperlinks from the address bar on the Web.

3.14 Content Reliability

BaladoDécouverte is a platform that primarily aims to entertain users originally. The information available on the BaladoDécouverte platform is usually reliable, but not necessarily 100%. The opinions of contributors appearing on the BaladoDécouverte platform, particularly in user comments, do not necessarily reflect the opinion of the managers of L’Aire de jeu inc., Cinax inc. and their representatives.

Additions made by contributors are made taking into account the right to freedom of expression in Quebec and elsewhere in Canada, a democratic country where access to information is considered a legitimate right. Cinax inc. also attaches great importance to respect for the Quebec Charter of Human Rights and Freedoms, the Canadian Charter of Rights and Freedoms, in compliance with federal laws prevailing in Canada, the country where its head office is located.

3.15 Harassment

Harassment of employees, owners, circuit creators and persons appearing in content accessible on the BaladoDécouverte platform, in any form, including the use of obscene or abusive language on social networks (directly or indirectly related to the platform, its content and its representatives), emails or other communications, is strictly prohibited and may be subject to prosecution.

3.16 Hyperlinks

BaladoDécouverte authorizes the establishment of hyperlinks pointing to its content, subject to:

Using a transcription of the link in text by an explicit formulation, the words and expressions of which strictly correspond to the targeted content and respect its nature and form;
Pointing directly to the Web page hosting the targeted content or, failing that, the home page of BaladoDecouverte.com.

Links created in this context must only be for personal, associative or professional purposes. Any use for commercial or advertising purposes is excluded, as is any creation of links from Internet sites distributing information of an illegal, pornographic, insulting, propaganda or polemic nature, or, more broadly, likely to offend sensibilities or good morals.

3.17 Responsibility Regarding Hyperlinks to Third-Party Sites

Cinax inc. offers its visitors added value: links to other Internet sites that are owned and operated by third parties. As these are external sites, Cinax inc. has no control over their content and practices. Also, Cinax inc. offers no guarantee to users regarding the content, its accuracy, quality and integrity, and the practices of these third-party sites, particularly regarding the protection of personal information and privacy.

The inclusion of links on BaladoDécouverte should not imply that Cinax inc. sponsors, approves, endorses, affiliates or associates with other services, trademarks, trade names, service marks, designs, logos, symbols or other copyrighted elements displayed on these sites or accessible through these sites. However, the user of the BaladoDécouverte platform is invited to notify Cinax inc. of any relevant comment they may have regarding the hyperlinks presented on the BaladoDécouverte platform. BaladoDécouverte also reserves the right to request the removal of a hyperlink with a site at any time.

3.18 Cookies

Each user of the BaladoDécouverte platform consents to elements of their browser called “cookies” allowing the BaladoDécouverte computer to recognize their computer. A “cookie” is a small data file that is written to the user’s hard drive when they visit an Internet site. These files facilitate navigation on BaladoDécouverte by serving as a memory aid for user preferences and make their next visit to the site more efficient.

Cinax inc. does not use and cannot use cookies to retrieve personal information about the user from their computer. At most, the information collected is used for statistical and anonymous purposes, including to count the number of visitors or to identify the most frequently visited pages. If the user configures their browser to be warned before accepting cookies, they may receive a warning message for each cookie. They can waive these messages by configuring their browser accordingly.

3.19 Account Registration and Security

Certain features of the BaladoDecouverte.com website allowing access to circuit creation require registration using a username and password. If you decide to register, the information you provide will remain confidential.

During registration, the name of an organization is requested. This organization must be able to provide information about the circuit or theme creator to BaladoDécouverte administrators, and must also approve the content of the circuit or theme creator.

Here are some conditions you agree to respect for the registration and security of your account:

You will not provide false personal information and will not create an account for another person without their authorization.
If we delete your account, you will not create another one without our authorization.
You will not share your password and will not let anyone access your account or do anything that could compromise the security of your account.
We reserve the right to remove your user account if we deem it inappropriate (for example, if it contains vulgar, pornographic, hateful content, etc.)

You are solely responsible for the confidentiality of your username and password and their use. BaladoDecouverte.com provides you with a form to contact the moderator to modify or request a reminder of your username and password in case of loss or forgetfulness.

3.20 Security

We do everything possible to make BaladoDécouverte a safe service. You must respect the following obligations:

You will not send or publish unwanted messages on BaladoDécouverte.
You will not manipulate the original computer modules of the BaladoDécouverte platform in another context, similar or different, without the written authorization of the management of Cinax inc.
You will not download viruses or other malicious code.
You will not publish content: inciting hatred or violence, pornographic in nature, containing violence, threatening, racist, pedophile or inciting sex tourism, homophobic, insulting, degrading, defamatory, slanderous, disrespectful, of political, religious or ideological propaganda, infringing on authors’ rights or inciting infringement of intellectual property, infringing on the secrecy of correspondence or violating the rights, reputation or privacy of others, and more generally, any content contrary to good morals and likely to offend sensibilities.
You will not request login information or access an account belonging to someone else.
You will not access, or attempt to access, protected areas reserved for BaladoDécouverte staff or users approved by BaladoDécouverte.

Any message or content not respecting these provisions will be removed without notice, explanation or formal notice, and any warning or exclusion measure may be taken in this context. Any violation or attempted violation of accesses protected by a restricted password may result in prosecution against the offender.

By publishing content on the BaladoDécouverte platform, you admit to being solely responsible for its content and legality, to being the holder of all rights in this regard, and to indemnifying the publisher of the BaladoDécouverte platform from any prejudice that third parties may claim in this respect.

3.21 Disclaimer of Warranties

When you visit and use the BaladoDécouverte platform, you acknowledge and agree that you do so entirely at your own risk. Cinax inc. makes no representation or warranty to the user regarding the BaladoDécouverte platform and the content, including, but not limited to, no representation or warranty:

As to the accuracy, completeness, reliability, appropriateness or timeliness of the BaladoDécouverte platform and/or the content;
As to the merchantability or fitness for a particular purpose of the content, including any information, data, software, product or service offered through the BaladoDécouverte platform;
As to the operation of the BaladoDécouverte platform, including all circuit and theme creation and consultation modules, without interruption or error;
As to the correction of defects or errors in the BaladoDécouverte platform;
As to the absence of viruses or harmful elements in the BaladoDécouverte platform;
As to the secure or unintercepted transmission of communications through the BaladoDécouverte platform.

3.22 Limitation of Liability

Subject to applicable law, Cinax inc. and its officers, directors, employees, assignees or their respective successors and assigns, shall in no case be held liable for any special, indirect or incidental damages of any nature, including, but not limited to, any loss or damage of the nature or arising from loss of business, loss of savings, loss of data and/or loss of profits regardless of the cause (including breach of an essential obligation), civil liability (including negligence) or otherwise, even if Cinax inc. should have known of the possibility of such damages.

Cinax inc. and its officers, directors, employees and assignees or their respective successors and assigns, shall in no case:

Be held liable for any damages or loss under this agreement, based on contract (including breach of an essential obligation), civil liability (including negligence) or otherwise, exceeding one Canadian dollar (1 CAD), even if Cinax inc. should have known of the possibility of such damages;
Be held liable for any loss or damage resulting from Cinax inc.’s failure or your failure to protect your password or account information;
Be held liable for the acts, omissions or conduct of any third-party user of the BaladoDécouverte platform or any advertiser or sponsor of the BaladoDécouverte platform;
Be held liable for any injury, loss, damage (including special, indirect or incidental damages) or costs arising in any way from acts, omissions arising from the conduct of a third-party user or the inability to use anything, software, content, property or service of a site or offered through a site linked to the BaladoDécouverte platform.

If you decide to visit or use a site referred by the BaladoDécouverte platform, or content, material, software, property or services linked from a site itself, you do so entirely at your own risk and must use this information according to your good judgment. If you are a minor, you should seek the advice of one of your parents or a legal guardian.

You hereby release Cinax inc. and its officers, directors, assignees and their respective successors and assigns from any damages you may suffer and agree not to assert against them any claim arising from your use of products or services offered through the BaladoDécouverte platform, including by third parties.

Under no circumstances shall Cinax inc. be held liable for any loss or damage that may be directly or indirectly related to delays inherent in the use of the BaladoDécouverte platform, the inability to use the BaladoDécouverte platform and the unintentional inoculation of a virus at the user’s point of entry.

The user may not hold Cinax inc. responsible for unforeseen events resulting from service interruptions, breakdowns, missing data or unintentionally inaccurate or erroneous data appearing on the BaladoDécouverte platform. No refund or consideration will be granted to the user, if there is a subscription, in connection with such unforeseen events.

In case of finding a defect in the interactive program or inaccuracies related to circuits, themes, map indications, texts and video, audio, text or visual content, the representatives of Cinax inc. cannot be held responsible, but would like to be informed as soon as possible by email.

The corporation Cinax inc. and its eventual assignees will not make any refunds in connection with such unforeseen events. The disclosure of any errors, inaccuracies or suggestions will, however, allow other users to benefit from adequate and up-to-date information and will help improve online content.

You declare that you know and assume the characteristics of the Internet and its use, in particular the limitations related to technical performance, response time and the risks related to the security of communications. Cinax inc. and its eventual assignees cannot be held responsible for unavailability, anomalies, errors, absence of service, technical failures, breakdowns and interruptions on the BaladoDécouverte platform, whether it is inaccessible or partially accessible. Cinax inc. cannot be held responsible either for defective modules, including circuit and theme creation and consultation modules.

However, we do everything possible to make the platform as efficient as possible and easily accessible to everyone. The user of the BaladoDécouverte platform is invited to report to the representatives of Cinax inc. any problem and error or to provide any relevant comment for the improvement of the BaladoDécouverte platform.

The representatives of Cinax inc. regularly check the content and reserve the right to correct or not correct errors or inaccuracies reported by participants. We also reserve the right to validate, invalidate or remove published content from distribution; to move it from one section to another; to make typographical or spelling corrections; to integrate messages and visual files; to delete old or obsolete content; to refuse to display any content that we reasonably believe to be in violation of the law or our rules, as well as, more generally, to make any modification or intervention required for technical reasons or to optimize the use of the BaladoDécouverte platform.

Under no circumstances and under no consideration may a user of the BaladoDécouverte platform hold Cinax inc. and its eventual assignees responsible for material, physical (for example, injury on the road) or limiting problems related to the suggested walks if they decide to travel according to the places discussed in the circuits or themes of the BaladoDécouverte platform. In general, the liability of the BaladoDécouverte platform cannot be engaged for any prejudice or damage of any nature arising from your use of the BaladoDécouverte platform and/or its content.

Each participant acknowledges being able to assess themselves their ability to travel and spend time in the different suggested places and areas, without endangering their own health or that of others. It is also up to all participants to determine for themselves whether a circuit is practicable (for example, if the road is closed or if there is construction or repairs). Therefore, each participant is entirely responsible for all their own travel, even if it was suggested in a circuit or theme. The itinerary provided with each circuit is for suggestive purposes only.

Neither the circuit or theme creators nor Cinax inc. could be held responsible for errors in judgment by certain users of the BaladoDécouverte platform regarding their ability to undertake a route on the ground.

If a user notably, repeatedly, or despite warnings from its publishers, administrators or moderators, violates any of these general conditions, the spirit and purpose of the BaladoDécouverte platform recalled here or in the terms of use of its various services, or the customs and codes of conduct usually practiced on Internet discussion places; BaladoDécouverte and its representatives reserve all latitude to restrict their access to all or part of the BaladoDécouverte platform or to exclude them temporarily or permanently.

Where applicable, Cinax inc. and/or its eventual assignees may undertake any reporting (including their IP address) or recourse with their Internet access provider or any legal proceedings against them.

4. Privacy and Liability

The information collected, with the consent of the user, during registration on BaladoDecouverte.com, such as information about circuit or theme creators, will be held by the administrators of the BaladoDecouverte.com site for the purposes of managing content-related activities, but will not be sold, rented, exchanged or lent to companies not involved in these activities.

Quebec and Canadian laws protect the user’s personal information. Except where required by law, BaladoDécouverte maintains the confidentiality of all personal information obtained about the user of the BaladoDécouverte platform. As a content host, BaladoDécouverte has the obligation to retain data that could allow the identification of any person who has distributed content through it, in case the judicial authorities request it, and to remove and/or prevent access to illegal content as soon as it becomes aware of it.

BaladoDécouverte is not subject to a general obligation of surveillance and control of the information and content distributed. Not being able to materially and technically control all messages published by users, Cinax inc. cannot incur any liability in this regard. BaladoDécouverte nevertheless reserves the right to remove all or part of any disputed content or not.

In case of claim or objection relating to elements and content distributed on the BaladoDécouverte platform, in accordance with legal provisions, you are invited, to have them removed, to contact us by email.

BaladoDécouverte reserves the right before any removal to carry out a prior identity verification or additional information to ensure the validity and compliance of your request. BaladoDécouverte cannot be held liable in the event that it cannot be processed, due in particular to the lack of these elements or its non-probative nature. We remind you that in this context, the provision of false, inaccurate or misleading information may engage your own liability.

If a subcontractor or service provider not affiliated with Cinax inc. must use personal information held by BaladoDécouverte, they must sign a confidentiality agreement for said information and use it only for the purposes for which consent was given by the user.

In addition, each circuit or theme creator of the BaladoDécouverte platform acknowledges respecting the privacy of others and copyright. They acknowledge being solely responsible for everything they choose to make public on the BaladoDécouverte platform, including content.

Each circuit or theme creator declares that the information they make public on the BaladoDécouverte platform is accurate or regularly updated when necessary, to the best of their knowledge. If a user of the BaladoDécouverte platform is misled while touring a circuit, this is only the responsibility of the circuit or theme creator. Cinax inc. cannot be held responsible for erroneous indications of circuits or themes.

Each circuit or theme creator declares that they take into account the laws of their country of residence. Circuit or theme creators acknowledge that they are responsible for what they choose to make public on the BaladoDécouverte platform. In case of dispute, the circuit creator is solely responsible for what they present on BaladoDécouverte and Cinax inc. and its assignees cannot in any case assume or share this responsibility.

Registered individuals and organizations agree to receive newsletters announcing the latest news about BaladoDécouverte.

5. Applicable Law

These rules and terms of use are governed by the laws in force in the province of Quebec (Canada) and any dispute must be submitted to the competent courts of the province of Quebec, in the district of St-François. If any provision of the terms of use is found to be invalid by a competent court, this will not have the effect of invalidating all other provisions, the invalid provision must be severed from the other provisions of these terms of use, which will remain in force.

These terms of use constitute the entire agreement between the user of the BaladoDécouverte platform and Cinax inc. All cases of use not provided for by these general conditions will be decided by the publishing company, whose decisions will be sovereign. Any dispute or difference arising from the use of the BaladoDécouverte platform, relating to their interpretation or execution, will be subject to an attempt at amicable settlement.

If you do not comply with these terms of use and we do not immediately take action, this does not mean that we waive our rights (for example, to take action later).

If a user of the BaladoDécouverte platform suffers any prejudice or disagrees, in any way, with these terms of use, they must leave the BaladoDécouverte platform immediately.

Last update: November 14, 2019.