PS Interactive Inc. has recently updated its version of the terms and conditions of use of the PS Solutions to protect itself against theft, counterfeiting and any aspect related to copyright and the use of the PS Solutions. By continuing to use the PS Solutions means that you agree with them and therefore, understand the terms and conditions which you are subject. We encourage you to read these in order to understand the scope of your responsibilities as a user of the PS Solutions.
Object of the present general conditions
These terms were intended to clarify the conditions in which PS grants the user a right to use its technological solutions hereinafter known as “PS SOLUTIONS”.
User Rights
Usage rights have been assigned to a PS user having previously created an account PSP (personal sports profile). User’s rights, whether full or partial, have been assigned by the administrator of the sports organization to which he or she relates or by PS Interactive Inc. directly. It is the responsibility of the user to keep confidential its access rights and therefore, he or she is fully responsible for any actions committed through his account during the use of the PS Solutions. The user knows the PS SOLUTIONS, having been previously informed the Organization for which he or she relates, which it (the sports Organisation) has previously signed and approved the terms and conditions of use of the PS Solutions pertaining to its contract with PS Interactive Inc.
Usage Rights
PS grants to the USER a personal, non-exclusive use of the PS SOLUTIONS right for its own needs. For the execution of these general conditions, PS entitles the user to use the solutions “PS SOLUTIONS” and its documentation within the limits of the exclusive use of these ones.
The user can use the PS SOLUTIONS only for its own needs. He or she is forbidden to grant sub-licences. The user cannot concede, even for free, the usage right to third parties.
PS SOLUTIONS and its documentation, as well as any copies, remain the sole property of PS, which reserves the copyright in accordance with the provisions of the intellectual property code. PS SOLUTIONS cannot be ceded, brought or transferred without the consent of PS. License granted by PS gives the user the right to use technology solutions belonging to PS, on the hardware described in the purchase order, which implies that:
The user undertakes to use the PS SOLUTIONS only for use rights conferred to him. He or she is forbidden to provide the solution in any form whatsoever or to put at the disposal of anyone except for those resources authorized by the USER. The user undertakes not to develop or commercialize similar solutions, comparable or substitutes of the objects of the present purchase order or products liable to compete with PS SOLUTIONS. The user may not modify it or adapt it, except prior written express consent of PS. The user cannot correct the errors affecting the PS SOLUTIONS, the parties expressly agreeing to reserve this correction to PS.
The sports organization for which you have access rights is the owner of the data inserted into the PS SOLUTIONS and it must observe strict confidentiality. PS is not allowed to sell, rent or disclose data in addition to the publication thereof on the Publication Sports Network or any other public environment designed for this purpose.
PS SOLUTIONS are part of the PS’s secrets of manufacturing and know-how and these should be considered by the user as confidential information, whether it may or may not be protected by an intellectual property right, patent, copyright, or otherwise right. As such, the user agrees not to communicate versions sources, descriptions of features as well as the access rights and other items (documentation, etc.) constituting all or a part of the PS SOLUTIONS.
The user also undertakes to take all necessary measures so that the PS SOLUTIONS and its documentation are not put at the disposal of third parties, and he or she undertakes that its employees or its staff meets these PS requirements and copyright. The user undertakes to take all necessary precautions to avoid the disclosure, reproduction or misuse by its staff and service providers, including by making them sign a personal commitment to confidentiality. The user agrees not to use the PS SOLUTIONS specifications to create or allow the creation of a program with the same destination.
The user is also responsible for the protection of stored data and repair of databases, results achieved, of the usage conformity of PS SOLUTIONS. It belongs to the user to develop operating procedures and to set up checkpoints and security mechanisms appropriate to the backup and the restoration of data in the event of anomalies in the conduct of programs. The user assumes sole potential malfunctions and damages due to a change in the PS SOLUTIONS, even minimal, carried out with or without the permission of PS. The user acknowledges explicitly receiving from PS all the necessary information to assess the adequacy of the PS SOLUTIONS to its needs and to take all relevant precautions to its implementation and operation. PS shall not be liable to repair any direct or indirect damages, even if it has been advised of such damages. The user will be solely responsible for the use of the PS SOLUTIONS.
The legal person is considered a PS Solutions user as long as its PSP account is enabled and that he or she is assigned to use the PS Solutions. It is the responsibility of the user to apply for termination of its usage rights of the PS Solutions and thus to terminate his PSP account.
The General conditions are subject to the laws of the Province of Quebec. Any dispute relating to the interpretation or the execution of the purchase order and these general conditions will be submitted to the competent courts of Montreal or St-Jérôme.
Full – Non Partial Validity
The present general conditions express the entirety of the obligations of the parties. No document may result from obligations under this purchase order except if this document is the subject of an amendment signed by the parties. If one or more provisions of a purchase order or the general terms and conditions are held to be invalid by a law or regulation, or declared as such by final decision of a competent court, it shall be deemed unwritten, the other provisions of this purchase order and these general conditions shall remain in full force and scope.