This agreement (hereinafter the 'Agreement') sets out the terms and conditions that apply to the use and purchase of the services of GROUPE MESOSAPIENS INC, whose place of business is located at 1060 Montarville Street, Longueuil, Quebec, J4H 2M4 (hereinafter 'Mesosapiens'), a webcasting service of video recordings between individuals and/or expert conferences and/or artists' performances accessible through the websites at https://toast.video and its sub-addresses, or applications of Mesosapiens or third parties, or through your terminal or other device via your Internet service provider (hereinafter the 'Services')
In particular, the Services may provide access to audio and video content, including, for example, audio and video clips, videos, live video broadcasts, lectures, concerts, and/or images (collectively, the "Content"), in accordance with the terms and conditions described herein
Mesosapiens reserves the right to modify this Agreement.
By using the Mesosapiens platform and its Services, you agree to accept and be bound by these terms and conditions.
You hereby authorize the exchange of documents and information between you and Mesosapiens. To use the Services, you will be required to enter certain personal information, such as your email address, name and credit information. You agree that Mesosapiens may use your information to contact you and to keep it in our system for future use in accordance with the Privacy Policy.
Mesosapiens reserves the right to limit access to its Services, to refuse or cancel a registration request, including after the transmission of an order confirmation even if you have been charged for it. If your order is cancelled after your payment has been processed, you will receive a full refund from Mesosapiens.
Only users over 18 years of age or capable of entering into binding contracts may use the Mesosapiens Services, unless minors are accompanied by an adult who supervises their use.
Mesosapiens uses the credit card payment processing services of an external site, www.stripe.com (hereinafter, "Stripe"), whose terms of use and privacy policy are listed on their website at: https://stripe.com/en-ca/privacy#translation. Stripe's terms of use and privacy policy apply to the purchaser of the Services, who must read them and agree to abide by them. Any fraudulent or malicious use of the Stripe platform is subject to legal or non-legal recourse by Stripe. Mesosapiens reserves the right to change at any time the third party provider allowing the processing of credit card payments, to which this paragraph applies mutadis mutandis.
Mesosapiens is based in Longueuil. This Agreement shall be interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable therein. Any dispute relating to the Agreement or the use of the online platform must be brought and concluded in the judicial district of Montreal.
You may not assign your rights or obligations under this Agreement.
You are bound by this Agreement and acknowledge that you are aware of your rights and obligations.
The user agrees and acknowledges that Mesosapiens reserves the right, at any time and without prior notice, to modify, change or update the Agreement. The use of the platform and the Services by the user after such a modification constitutes a consent of the user to respect the conditions of use so modified and to be bound by them. We therefore strongly recommend that you review these Terms of Use regularly. If User does not agree to these Terms of Use or, as the case may be, the Terms of Use as amended from time to time, or the Privacy Policy, User should not use the Platform and leave the Toast.Video website.
The Toast.Video website (https://toast.video) allows you to purchase, view and/or participate in the Services, subject to the terms and conditions described in the Agreement and the following additional terms and conditions:
a) You agree not to use, sell, rent, transfer, license or otherwise provide the Services to anyone other than as provided herein;
b) You agree not to use the Services simultaneously in more than one location;
c) Once you have purchased and received access to the Services, it is your responsibility not to lose your access, and Mesosapiens disclaims any liability to you for loss of access;
d) You agree that Mesosapiens and/or its third party providers may store and use the account data you provide (including credit card information) in order to maintain your accounts and billing charges on your credit card. You are responsible for maintaining the confidentiality and security of your account password and ID, and for restricting access to your computer;
e) You acknowledge and agree that you obtain absolutely no intellectual property rights whatsoever in the Services, including, without limitation, no broadcast rights of any kind. For example, you may not hijack the video stream of the Services or the Platform on social networks or make any commercial or promotional use of the Services;
f) You agree to pay for access to the Services that you purchase through the Toast.Video platform, and that Mesosapiens will charge your credit card for the accesses purchased, and for any additional amounts (including applicable taxes) that may accrue on your account. You are responsible for the timely payment of all fees and for providing Mesosapiens and/or its third party suppliers with valid credit card information for the purpose of paying fees. All charges will be billed to the credit card you designate during the payment process. If Mesosapiens does not receive payment from your credit card provider or its agent, you agree to pay all amounts due upon request by Mesosapiens. Your account may be deactivated without you receiving notification if a payment is late, regardless of the amount. All payments must be made with a credit card accepted by Mesosapiens (as determined by Mesosapiens in its sole discretion), or with Paypal (if the service is made available by Mesosapiens). Mesosapiens will not accept cash, checks or any other form of payment under any circumstances. You are responsible for paying all amounts related to the Services that are charged to your credit card by a third party that has access to your credit card or credit card number, whether or not such amounts were authorized by you. You are responsible for paying all governmental taxes imposed on you as a result of your use of the Services, including, without limitation, sales, use, or value added taxes. Unless you notify Mesosapiens of any irregularities or unauthorized amounts within sixty (60) days of the date they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including the resolution of inquiries made by your credit card provider. You release Mesosapiens from all liability and claims for losses resulting from any error or irregularity that is not notified to Mesosapiens within sixty (60) days from the date it first appears on your invoice or credit card statement. In the event that Mesosapiens suspends or terminates your access rights to Inmsytream.com or its Services, you remain liable for any amounts owed;
g) Occasionally, technical problems may delay or prevent delivery of the Product. Your sole and exclusive remedy with respect to Product that is not delivered within a reasonable period of time is a refund of the price paid for such Product, as determined by Mesosapiens.
Mesosapiens does not warrant the accuracy, completeness, quality, suitability, or content of the information on the platform and its Services, or of the persons who are invited to broadcast on the Toast.Video platform. This information is provided "as is" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied conditions and warranties of merchantability and fitness for a particular purpose.
Mesosapiens shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including but not limited to loss of revenue, profits or anticipated economic benefits, arising out of the use of or inability to use the Platform and the information and Services contained therein, the information, documents and software contained therein, even if Mesosapiens has been advised of the possibility of such damages or even if such damages can be reasonably foreseen.
As a user, you will indemnify Mesosapiens, and hold it harmless from all claims, liabilities, losses and expenses (including legal fees) arising from your use of the Platform and your violation of these Terms of Use. In addition, Mesosapiens reserves the right to cease providing you with its Services if you violate these Terms of Use.
You may not use or export the Information or any copy or adaptation of the Information in violation of any applicable laws or regulations.