Terms and conditions for the use of the online genital database

Acceptance of Terms

By accessing or using this website (the “Website”), You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Projet SEX-ED + Inc./SEX-ED + Project Inc. (“SEX-ED”) may publish from time to time (collectively, the “Terms”). In the event you do not agree to all of the Terms, You are prohibited form using or accessing the Website.

Should the Terms be amended or in any way modified, Your continued use or access of the Website shall constitute acceptance of such changes. Your access and use of the Website will be subject to the current version of the terms. You are encouraged to regularly review the then-current Terms.

Limited User license

Your access to the Website is subject to Your compliance with the Terms, all applicable laws, and any applicable licensing agreement with SEX-ED +. Subject to the Terms, the Website and all Website content including but not limited to 3D renderings, images, footage, script and related metadata (collectively the “Website Content”), can only be accessed and/or used for Your personal, non-commercial purposes.

The Website and Website Content are intended strictly for educational and/or medical purposes. You are prohibited from using the Website or Website Content for any other purpose, including but not limited to any sexual, immoral, or obscene context.

In the absence of a licensing agreement with SEX-ED +, You may not download, distribute, or display the Website Content. No copyright notice shall be removed or otherwise dissociated with the Website and/or Website Content.

You further agree that Your use of the Website or the Website Content will not violate any law or infringe on any third party, including SEX-ED +’s, intellectual property rights.

Intellectual Property

Ownership

SEX-ED + remains the sole owner of all right title, and interest in the Website and reserves all rights, including those not expressly provided for in the Terms. At its sole discretion, SEX-ED + may modify, replace, or discontinue the Website or any content thereof, for any reason with or without notice. The Website is being provided to you on an “as is” and “as available” basis.

The Website and the Website Content, as well as the compilation selection and arrangement of the Website Content is the exclusive property of SEX-ED +, and is protected under all applicable copyright, trademark, trade secret, patent, industrial design law, and/or international conventions. Except as expressly provided herein or in a separate license agreement between You and SEX-ED +, SEX-ED + does not grant any express or implied permission to use the Website or any Website Content. The Website Content and/or the Website may not be modified, copied, republished, linked to, downloaded, distributed, transmitted, reverse engineered, reproduced, published, licensed, used to create derivative works. Any information, or services obtained in whole or in part of the Website and/or Website Content may not be transferred, sold, assigned, distributed, displayed, licensed, sublicensed within drawings and/or related content.

You will not challenge or contest, or assist or encourage others to contest or challenge the validity of SEX-ED +’s intellectual property rights.

SEX-ED + trademark

Unless expressly permitted in writing, You are not permitted to use in any way, any of SEX-ED

SEX-ED +’s trademarks, including but not limited to SEX-ED + and [SEX-ED + logo], or any confusingly similar trademark, (collectively, the “SEX-ED + Trademarks”). The SEX-ED + Trademarks also include the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts.

Notwithstanding the aforementioned, You specifically agree not to use the SEX-ED + Trademarks in any manner that may have the effect of tarnishing, disparaging, or otherwise negatively impacting the SEX-ED + Trademarks and/or SEX-ED +.

User Information

SEX-ED + may collect information relating to Your use of the Website. SEX-ED +’s collection and use of such information shall at all times be in accordance with SEX-ED +’s Privacy Policy.

Restriction of Website Access

Use of the Website and the Website content is at Your sole risk. The Website and the Website content is provided in accordance with the Terms on an “as is” basis, without any warranty whatsoever, either express, implied, statutory or otherwise. For greater certainty, SEX-ED + disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.

SEX-ED + makes no representation or warranty that the Website or the Website Content will be permitted in your jurisdiction.To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Website, and no warranties shall apply after such period.

Indemnification

You agree to defend, indemnify and hold harmless SEX-ED +  (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable legal fees and all related costs and expenses) resulting from any claim, judgment, or adjudication against SEX-ED +, arising from (i) Your breach or alleged breach of the Terms; (ii) Your conduct (ii) Your use or inability to use the Website; (iii) Your violation of any rights of another; or (iv) any representation or warranty herein.

Third Party Sites

In the event the Website provides links to third party websites or platforms in any form, or if the Website is made available through any third party website or platform (collectively, Third Party Sites), You understand and agree that SEX-ED + makes no warranty of any kind, express or implied with respect to any content or material associated with Third Party Sites. SEX-ED + accepts no responsibility for any content or practice of such Third Party Sites. Such content or practice is outside SEX-ED +’s control and regulation. Links to Third Party Sites are exclusively provided for Your convenience. Unless expressly provided for, SEX-ED + does not endorse or adopt any content affiliated with Third Party Sites.

Miscellaneous

In the event of any conflict between the Terms and any other license agreement between You and SEX-ED +, the terms of such license agreement shall take precedent.</p>

These Terms shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms shall not affect the validity or enforceability of the balance hereof.

The rights, duties and obligations of the parties and the validity, interpretation, performance and legal effect of the Terms shall be governed, construed and determined in accordance with the laws of Québec, Canada. Any claims or disputes arising out of the Terms may only be brought in a court of competent jurisdiction in Québec, Canada, and the parties irrevocably and unconditionally consent to the jurisdiction of any such court and irrevocably and unconditionally waive (i) any defence of an inconvenient forum to the maintenance of any such claim or action; (ii) any objection to venue with respect to any such action or claim on account of the place of residence or domicile of any party thereto; and (c) to the extent permitted.