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Terms and Conditions

Updated July 18, 2017

This page describes the Terms and Conditions that govern your use of all digital products and services from ThePremium.com offered by Valnet Inc. (collectively “Valnet”, “us”, “we”, “our website” or “ThePremium”). Examples of such digital products and services include the website and mobile applications.

By using ThePremium, you accept to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.

If you register on our website, we will ask you to expressly agree to these Terms and Conditions by checking the box indicating your agreement to the Terms and Conditions on the registration page for ThePremium. You must have the age of majority in the jurisdiction in which you reside to register to ThePremium. If you are a minor and want to register, your parent or legal guardian must accept the Terms and Conditions and complete the registration on your behalf.

1. Registration

To register for our website, you will create an account by providing an e-mail address and creating a password. You also have to give us certain registration information, all of which must be accurate and updated.

Each account is for a single user only; you may not share or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password to access ThePremium and you are solely responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your login credentials. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive.

Valnet may, in its sole discretion, terminate or suspend your access to all or part of ThePremium for any reason, including, without limitation, any fraudulent, abusive or otherwise illegal activity, or a breach of these Terms and Conditions. We may refer you to appropriate law enforcement agencies.

Please notify legal@valnetinc.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password or someone else’s use of your account.

2. Fees

You agree to pay the subscription fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates specified during registration or otherwise in effect when the charges were incurred. Canadian residents will be charged GST/QST and/or HST as applicable in the province in which you reside. We may change the fees and charges in effect, or add new fees or charges, by notifying you of the change electronically (including without limitation, by email or by posting a notice on our website that the fees have been "updated" or similar words).

We will bill all charges to your method of payment, that is your credit card or your PayPal account, at the beginning of your subscription and any renewal. You may update your method of payment in the “Billing” section on the “Account” page.

As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

3. Renewal

Your subscription will renew automatically on a monthly basis until it is cancelled. You may view your next billing date in the “Billing” section on the “Account” page. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

4. Cancellation

You may cancel your account at any time in the “Billing” section on the “Account” page. If you choose to cancel your account on our website, you will not be entitled to any refund.

5. Free trials

Your subscription to ThePremium may start with a free trial. The free trial period of your membership lasts for the duration specified during registration and is intended to allow new members to try our website.

Free trial eligibility is determined by ThePremium at its sole discretion and we may limit eligibility to prevent free trial abuse. We may use information such as device ID, method of payment or an account email address used with an existing or recent ThePremium account to determine eligibility. We reserve the right to revoke the free trial and suspend your account during the free period in the event that we determine that you are not eligible.

At the end of the free trial period, we will charge your method of payment for the subscription fees and charges specified during registration or otherwise in effect when the charges were incurred. Billing will continue according to the renewal cycle stated at the time of your registration. If you decide that you do not want to become a paid subscriber to ThePremium upon the lapse of the free trial period, you must cancel your subscription prior to the end of the free trial period. You may view your next billing date (that is the end of your free trial period) in the “Billing” section on the “Account” page.

6. Content

Information on our website may contain errors or inaccuracies; ThePremium does not make any warranty as to the correctness or reliability of our website’s content. ThePremium does not provide any warranty or guarantee as to the accuracy of the information. You acknowledge that such information and materials may contain inaccuracies and errors and you agree that ThePremium shall not be held liable for such incorrect information or inaccuracies.

ThePremium is not connected in any way with any of the celebrities, brands or other mentioned on our website. Other articles, videos and content are opinion-based (or commentary) and should not be considered factual. You agree that ThePremium shall not be held liable for such incorrect information or inaccuracies.

All of the contents published on ThePremium (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) are original works, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights.

Our website may display link to other websites, services or resources on the Internet. These other resources are not under ThePremium’s control, and you acknowledge that ThePremium is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services or resources. You further acknowledge and agree that ThePremium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

All registered users shall remain responsible for the content they upload on our website. As such, Valnet does not represent, endorse or control the content of statements posted and cannot guarantee the accuracy, reliability, nor the veracity of the information published on our website. Valnet does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through our website by any user, information provider or any other entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Valnet cannot be held responsible for the content, existence, nature, quality, legality, security and conformity of any comment posted on our website.

7. Use of Content

ThePremium and any content viewed through ThePremium are intended solely for your personal and non-commercial use, and not for the use or benefit of any third party. You shall abide by all additional copyright notices, information, or restrictions contained in any content accessed through our website.

You shall not (directly or indirectly):

  1. copy, reproduce, modify, adapt, make derivate works, or otherwise reuse the content from our website;
  2. download the content from our website; or
  3. sell, license, broadcast or otherwise redistribute the content from our website or incorporate it into another product.

You shall not (directly or indirectly):

  1. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of our website;
  2. take any action that imposes or may impose (as determined by our sole discretion) an unreasonable or disproportionately large load on ThePremium’s (or its third-party providers') infrastructure;
  3. interfere or attempt to interfere with the proper working of our website;
  4. bypass, circumvent or attempt to bypass or circumvent any restricted access to our website (or other accounts, computer systems or networks connected to our website);
  5. run any form of auto-responder or "spam" on our website;
  6. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of our website;
  7. frame, scrape, data-mine, extract or collect the harvest or scrape any content from our website in any form and by any means; or
  8. otherwise take any action in violation of the Terms and Conditions.

You shall not access or use, or attempt to access or use, our website to take any action that could harm us or a third party. We reserve the right to restrict access to areas of our website, or our whole website, at our sole discretion. We may, at our sole discretion, terminate or suspend your access to all or part of ThePremium for any reason, including, without limitation, any fraudulent, abusive or otherwise illegal activity, or a breach of these Terms and Conditions. We may refer you to appropriate law enforcement agencies.

8. Intellectual Property Rights

As we respect the intellectual property right of parties, ThePremium has a policy of removing User Submissions (and others) that violate copyright law, Pursuant to Title 17 of the United States Code, Section 512, ThePremium has a policy of receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of our website is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

Valnet Inc.
7405 Transcanadienne, Suite 100
Montreal, Quebec, H4T 1Z2
Email: legal@valnetinc.com

As per applicable law, your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If as an owner or authorized representative, your trademark is being used somewhere on ThePremium in a way that constitutes trademark infringement, you may notify us at legal@valnetinc.com. Please provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

9. Valnet Intellectual Property

ThePremium, the site name and the logo constitute trademarks, trade names, service marks or logos (collectively the “Marks”) belonging to ThePremium. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate herewith remains with ThePremium. Nothing contained on our website shall be construed as granting by implication or otherwise, any license or right to use the Marks without the explicit permission of ThePremium.

10. Warranties and Limitations of Liability

YOU EXPRESSELY AGREE THAT USE OF THEPREMIUM IS AT YOUR SOLE RISK AND DISCRETION. We provide ThePremium on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, with respect to ThePremium.com (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). We make no warranty as to the results that may be obtained from the use of ThePremium, or as to the accuracy or reliability of any information obtained through ThePremium, or that defects in ThePremium will be corrected. you understand and agree that any material and/or information downloaded or otherwise obtained through the use of ThePremium is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Valnet or through ThePremium shall create any warranty not expressly made herein.

You represent and warrant to us that execution, delivery and performance of any aspect(s) of these Terms and Conditions will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.

Our website may include general content relating to a range of topics, including medical, health, legal, tax, or financial issues. You should not rely on ThePremium for individual advice on such issues and should rather inquire from a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of ThePremium’s content.

THE CONTENT AVAILABLE ON OR THROUGH THEPREMIUM IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (B) RECOMMEND, ENDORSE, OR ADVISE REGARDING ANY FINANCIAL INSTRUMENT OR INVESTMENT STRATEGY; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL. FOR EXAMPLE, SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS, WE AND OUR LICENSORS, VENDORS, AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THEPREMIUM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THEPREMIUM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THEPREMIUM'S ACTS OR OMISSIONS OR YOUR USE OF OUR WEBSITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THEPREMIUM AND SERVICES PROVIDED BY VALNET INC.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VALNET HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law. In this case, unless otherwise provided by applicable law, in no event shall our liability to you exceed the subscription fees you paid us (if applicable) for a period of three months prior to the date you submit a claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

12. Changes to these Terms and Conditions

Valnet reserves the exclusive right to modify these Terms and Conditions at any time by notifying you of the change electronically (including without limitation, by email or by posting a notice on our website that the Terms and Conditions have been "updated" or similar words). Any continued use of ThePremium will be deemed conclusive of your acceptance of the modified Terms and Conditions.

13. Company

ThePremium.com is owned by Valnet Inc., a Canadian federal corporation with its head office located at:

Valnet Inc.
7405 Transcanadienne, Suite 100
Montreal, Quebec, H4T 1Z2

We can be reached by mailing address above or via our website valnetinc.com

If you have any issues or questions, please contact legal@valnetinc.com

14. Headings

The headings in the Terms of Conditions are for convenience only and shall not affect their interpretation.

15. Miscellaneous

These Terms and Conditions and all other documents referenced constitute the entire agreement between ThePremium and you with respect to your use of our website. ThePremium’s failure to insist upon, or enforce strict performance, of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any of these Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

These Terms and Conditions shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which you reside. All proceedings in connection with these Terms and Conditions or ThePremium shall be exclusively submitted to the Courts of competent jurisdiction of the Province of Quebec, City of Montreal. You are solely responsible for ensuring that your use of our website is in compliance with all applicable laws.

The parties have required that these Terms and Conditions and all related documents be drawn up in English. Les parties ont demandé que ces termes ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.