Updated and effective as of October 1st 2022 (En anglais pour votre emplacement)
Welcome to the Portable North Pole (“PNP”)!
The PNP Sites are, including any sub-domain name based on these Web address:
Your submissions may include personal data about you, your family, and your friends, including text, messages, photographs, video and audio recordings, and other images and content that you may upload through the PNP Sites and PNP Services (“Submissions”).
In addition, the Terms of Sale apply to your purchase, download, installation or use of Content and the PNP Mobile Apps and the purchase of PNP Products. The Terms of Sale also apply to free versions of the Content, but there will be no charge or payment required for free versions.
International Users - Special notice to those who live outside of the United States.
2. What are your Conditions of Use of the PNP Sites and PNP Services?
3. How do you create your PNP account?
In order to create the personalized digital Content (including videos and calls) that the PNP Services allow you to create, we require you to create an account (using your email address as a username) and a password, which you may modify later. Alternatively, you may use either FaceBook Connect, Google Connect or Apple Connect to create an account. You may also be required to enter your gender, age, your email address and the email address of the recipient of the personalized Content (if any) and other information necessary to personalize the Content. Once logged into your account, you will be able to personalize, watch or listen to and modify multiple videos and calls, buy PNP Content and merchandise, view your invoice, and access other account information. It is your responsibility to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including but not limited to using another person's username, password (PIN) or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify UGM customer support of any unauthorized use of your username, password (PIN), other account information, or any other breach of security that you become aware of involving or relating to the PNP Services and your account.
4. What are Submissions and what are your responsibilities for and our rights in the Submissions?
In addition, you are fully responsible for your Submissions, and you are prohibited from posting or transmitting via the PNP Services: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other data, material or information that you have not been authorized to post or that would violate rights of any person’s publicity or privacy rights or any other law or regulation, or any material which may be interpreted as offensive to a child or an adult; (ii) any material that is violent, vulgar, obscene, pornographic or otherwise sexually explicit or otherwise harms any person or entity, is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to, engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, or conspiracy to commit any criminal activity; (iii) any commercial material or information (including, but not limited to, advertising, or marketing of any good or services); (iv) viruses, corrupted data or other harmful, disruptive or destructive files; and (v) any data, material or information that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
Unsolicited Idea Submission Policy
UGM or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when UGM’s products or marketing strategies might seem similar to ideas submitted to UGM. So, please do not send your unsolicited ideas to UGM or anyone at UGM. If, despite our request that you not send us your ideas and materials, you still send them, please understand that UGM makes no assurances that your ideas and materials will be treated as confidential or proprietary.
5. What activities are prohibited with respect to your use of the PNP Sites and PNP Services?
The Content and information provided via the PNP Services, as well as the infrastructure used to provide such Content and information, is proprietary to us and/or our suppliers and providers. While you may view the Content you personalized as long as it is available and send links to others to do the same, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Content purchased from or through the PNP Services. Additionally, you agree not to: (i) use the PNP Services or any part thereof for any commercial purpose; (ii) access, monitor, or copy any data, material or information of the PNP Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers of the PNP Services, or bypass or circumvent any measures employed to prevent or limit access to the PNP Services; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (v) deep-link to any portion of the PNP Services for any purpose without our express written permission; or (vi) "frame", "mirror", or otherwise incorporate any part of the PNP Services into any other website or mobile applications without our prior written authorization.
6. What are the ownership and license rights?
7. Who is responsible for other links and websites that are not PNP’s?
8. What about our Trademarks?
UGroupMedia, Inc., PNP Portable North Pole (and the translation in multiple languages), and other related graphics, logos, designs, page headers, icons, scripts, and service marks and trade names used on or in connection with the PNP Sites and PNP Services, including our photos and videos, are registered trademarks, service marks, trademarks or trade dress of UGM in Canada, the United States and/or other countries. Our trademarks, service marks and trade dress may not be used, including as part of trademarks, service marks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without prior written permission from us. All other brand and product names used herein or in the PNP Services are trademarks or registered trademarks of their respective owners.
9. What are the “Limited Warranties” for the PNP Sites and PNP Services?
THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND SERVICES PROVIDED BY US INCLUDING THROUGH THE PNP SITES OR PNP SERVICES ARE PROVIDED TO YOU "AS IS" AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE PNP SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY INFORMATION, PHOTOGRAPH(S), ETC., DISPLAYED VIA THE PNP SERVICES OR WITHIN THE RESULTING CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CHARGES INCURRED BECAUSE OF THE USE OF THE PNP SERVICES, INCLUDING BUT NOT LIMITED TO BANDWIDTH OVERAGE CHARGES. FURTHERMORE, WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, INFORMATION, SOFTWARE, VIDEO, PRODUCTS, AND SERVICES CONTAINED IN THE PNP SERVICES FOR ANY PURPOSE, AND OUR INCLUSION OR OFFERING OF ANY CONTENT, PRODUCT OR SERVICE DOES NOT CONSTITUTE OUR ENDORSEMENT OR RECOMMENDATION OF SUCH CONTENT, PRODUCT OR SERVICE. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE CONTENT, PNP SERVICES, OUR SERVERS OR ANY EMAIL SENT BY US AND/OR OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UGM AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, VIDEO, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE SUPPLIERS PROVIDING OTHER CONTENT, SOFTWARE, SERVICES OR INFORMATION THROUGH THE PNP SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF UGM. UGM IS NOT LIABLE FOR ITS ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE, OR THOSE OF ANY SUCH SUPPLIERS OR FOR ANY DAMAGES OR EXPENSES RESULTING THEREFROM.
10. What are our limitations on liability and what kind of damages are excluded?
IN NO EVENT SHALL UGM OR ITS AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ATTORNEY’S FEES AND EXPENSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE PNP SITES, PNP SERVICES, PNP MOBILE APPS, CONTENT, IN APP PURCHASES OF CONTENT AND VIRTUAL GOODS, OR PNP PRODUCTS, INCLUDING WITHOUT LIMITATION, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THEM (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND OTHER SERVICES OBTAINED THROUGH THE PNP SITES, PNP SERVICES, PNP MOBILE APPS OR PNP PRODUCTS; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE PNP SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF UGM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SECTION ON LIMITATION OF LIABILITY ALSO APPLIES TO PNP MOBILE APPS. YOU ALSO AGREE THAT UGM SHALL HAVE NO LIABILITY FOR PAYMENTS MADE DIRECTLY TO A SOFTWARE STORE, AND THAT UGM IS NOT RESPONSIBLE OR LIABLE FOR ANY CREDIT CARD OR BANK-RELATED CHARGES OR OTHER CHARGES OR FEES RELATED TO PURCHASE TRANSACTIONS THROUGH A SOFTWARE STORE (INCLUDING IN-APP PURCHASES). UGM EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY SUCH TRANSACTIONS, AND YOU AGREE THAT YOUR SOLE REMEDY REGARDING ALL TRANSACTIONS IS FROM OR THROUGH SUCH SOFTWARE STORE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AS PROVIDED FOR IN SECTION 9 ABOVE, “LIMITED WARRANTIES,” OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AS PROVIDED FOR IN THIS SECTION 10. IF THESE STATE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. What are your obligations to defend and indemnify UGM?
12. How are claims of copyright infringement addressed?
It is UGM’s policy to terminate PNP Services privileges of any user who repeatedly infringes another person’s copyright upon notice from the copyright owner or its agent. UGM intends to ensure that the PNP Services and Content do not infringe the copyright, trademark right or other intellectual property rights of our users or third parties. If your intellectual property rights, right to privacy or other rights have been infringed or violated by another user of the PNP Services, please notify us by using this form or contacting us at:
460 Sainte-Catherine Street West, Suite 500,
Montreal (Quebec) Canada H3B 1A7
Phone: +1 514-871-3888
You must be the copyright owner (or the authorized representative of the owner), to report a suspected infringement. Notifications of copyright infringement must contain the following: (i) You should identify yourself as the copyright owner or an authorized representative and you must provide your physical or electronic signature. (ii) You must identify your copyrighted work. Consider providing a link to your website or other location where your work is being lawfully displayed. (iii) You should include sufficient information to allow us to identify where the infringing content is being made available without your permissions on our PNP Sites or within our Content, such as reference to the unique URL of the content at issue. (iv) Include your name, physical address, telephone number and email address. (v) A statement must be included in the notice that confirms, under penalty of perjury, you have good faith belief that the use of the material in the manner described is not authorized by you copyright owner, its agent or the law. Providing false information and making a false claim is punishable under federal law.
Alternatively, upon accessing certain video Content, you may be provided with a “Report Abuse” button which you may use to notify us of Content that you consider to be inappropriate; upon receipt of such notice, we will make reasonable efforts to promptly review the content at issue, and remove such Content if appropriate.
We will send an email to the address associated with the account of the user who reported the infringement.
Should you receive notice that we have removed or disabled access to your material, you may provide a counter-notification in writing that includes the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) your name, physical address, telephone number and email address, and (v) a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the PNP Services may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We will review and address all notices that comply with the requirements above. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
14. What is the governing law?
We make no representation that the PNP Services, Content, and PNP Products are appropriate or available for use in any particular location. Those who choose to use the PNP Services, PNP Products and Content are responsible for compliance with all applicable laws including any applicable local laws. Please note that PNP Services includes PNP Mobile Apps and these terms apply to PNP Mobile Apps in addition to the terms and end user license agreement of the applicable Software Store where the PNP Mobile App is obtained. In the event of any conflict among these agreements and terms, please see Section 4 of the Terms of Sale, “What terms apply when I purchase PNP Mobile Apps at the third party Software Store?”
15. What other terms do you need to understand?
b. How do we respond to law enforcement or legal requests?
d. What constitutes our entire agreement with you?
e. How we will notify you and document our agreements using electronic communications?
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Content, PNP Sites or PNP Services within 1 year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. Before seeking arbitration, you agree to contact us first in writing describing your issues and concerns and what you would like UGM to do to resolve your issues and concerns. Notice would be sent HERE.
If 60 days after our receipt of your written notice, we are not able to resolve your issues or concerns, then either party may begin an arbitration proceeding.
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1- 800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. The arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR.
The arbitration proceedings and any award shall be strictly confidential and will not be disclosed to any third party, except as may be required law or to enforce this Arbitration Agreement in a court of law.
If any part of this Arbitration Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
This Arbitration Agreement will survive termination of your relationship with UGM.
This Arbitration Agreement does not apply to claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of UGM’s patent, copyright, trademark or trade secrets.
The terms and policies above are in accordance with the laws applicable in the State of New York, in the United States.
UGroupMedia Inc., all rights reserved 2007-2022