Terms and conditions

1. Introduction
Polarois is a free high-definition image-sharing platform. We (Oriflamme Stratégies Inc., a Canadian company) operate the Polarois website at polarois.com (the "Site") and all associated websites, software, mobile applications, and other services we provide (collectively, the "Service") to celebrate our contributors, showcase their talent, and promote creativity within our community. Your use of the Service and our provision of it constitute an agreement between you and Polarois, whereby you agree to be bound by the Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS OF SERVICE, INCLUDING OUR DATA PROTECTION POLICY (TOGETHER, THE "TERMS"). If you do not agree with what we propose in these Terms, please do not use any part of the Service (and we do not authorize you to use it).

THIS IS VERY IMPORTANT: These Terms require that if we initiate a dispute with you regarding the Service (or vice versa), unless you reside in the United Kingdom or the European Union, the dispute will be resolved through BINDING ARBITRATION. This means that YOU AGREE TO WAIVE YOUR RIGHT TO FILE A LAWSUIT IN COURT AGAINST US (OR THAT SUCH A LAWSUIT BE FILED BY US AGAINST YOU) BASED ON THIS AGREEMENT (except for certain disputes that may be brought to a small claims court). Our disputes will be resolved by a NEUTRAL ARBITRATOR AND NOT BY A JUDGE OR JURY, and you cannot bring or join a class-action lawsuit. Please carefully read Section 18 for details regarding our arbitration agreement, which we have tried to make fair for our users.

2. Right of Access
The Service is intended for use by individuals aged 13 and older. If you are under 13, you may not use the Service. If you are 13 or older, you promise that you have never been suspended from the Service and that your use of the Service does not violate any laws or regulations. If you use the Service on behalf of a company, organization, or other entity, you represent that you have the authority to bind that company, organization, or entity to these Terms on its behalf.

3. Accounts and Registration
When using the Service, you may create an account. We suggest creating an account because it grants you access to special features for discovering, downloading, and contributing to the community. If you create an account, we ask you to provide information about yourself during registration; some of this information is required to register an account. You promise that all the information you provide is accurate and that you will keep it up to date in the future. You must also provide a password to protect your account’s security. You are responsible for maintaining the security and confidentiality of your password. All activity associated with your account is your responsibility. If you believe your account is no longer secure, you must notify us immediately at email@polarois.com. You can also reset your password at https://polarois.com/settings/password.

4. Limited License to Use the Service (but Not the Images) Subject to your continued compliance with these Terms, we grant you permission to access the Service solely for your personal use.

5. License for Images
One of the best features of the Service allows you to search, view, and download images uploaded by Polarois users ("Images"). You may download and use Images from the Service under the Polarois License, provided you comply with it. We encourage you to familiarize yourself with the Polarois License and its accompanying FAQ. To ensure you don’t miss it, here’s the key point of the license:

Polarois grants you a worldwide, irrevocable, non-exclusive copyright license to download, copy, modify, distribute, display, and use Polarois images for free, including for commercial purposes, without needing additional permission from the photographer or Polarois. However, this license does not include the right to compile Polarois images to replicate a similar or competing service.

In other words, the Images on the Service come with a very broad copyright license under the Polarois License. That’s why we call them "free." Note that the Polarois License does not include the right to use:

Trademarks, logos, or brand names appearing in the Images;
Images of people if they are recognizable in the Images;
Works of art or authored works appearing in the Images.
If you download images containing any of these elements, you may need to obtain permission from the trademark owner or the author of the work, depending on how you use the Image. Please refer to our FAQ for more details. If you are still unsure, we suggest consulting a lawyer who can provide advice.

6. User Content
YOU OWN ALL YOUR USER CONTENT, INCLUDING IMAGES YOU UPLOAD TO THE SITE.

At a high level:
The Service allows you to upload and post your Images, as well as written text, images, web links, location information, and other content ("User Content"). Any User Content you make available on the Service belongs to you or your licensors. We do not claim ownership of your User Content: it is 100% yours.
Limited License to Us:
You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any format and through any communication channel (existing or developed in the future). You understand that we will not compensate you for the use of your Images and that your Images will be made publicly available for commercial use without us guaranteeing credit attribution or any compensation to you.
Authority:
When you upload Images to the Service, in addition to the license you grant us to publicly share the Images and make them available for other Polarois users to download and use, you also authorize us, under your copyright rights, to enforce and prevent any violations of the sublicenses we grant for the Images to third parties. In other words, if a Polarois user misuses one of your Images downloaded from the Service, you authorize us to assert your copyright rights on your behalf. If you want to learn more about this, check our FAQ.
Representations and Warranties:
You are solely responsible for your User Content and any consequences that arise from uploading or posting it on the Service. Each time you upload or post User Content, you represent and warrant that:
You are the creator and owner of the User Content or have obtained all necessary rights from others to use, and allow others to use, your User Content on the Service as outlined in this Section 6; and
Your User Content (including its use by you, us, or other Service users) does not infringe and will not infringe on third-party rights, including copyrights, intellectual property rights, privacy rights, publicity rights, moral rights, and that it is not defamatory or abusive.
Disclaimer:
There is no reasonable way for us to monitor all User Content uploaded or posted on the Service, and we have no obligation to do so. This means we are not responsible for User Content on the Service, and you agree not to hold us liable for it. However, we may remove, edit, filter, or block any User Content at any time (without prior notice) for any reason, including if we believe it violates these Terms.

7. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. §512, as amended). If you believe that content uploaded or posted on the Service infringes your copyrights, you may contact our Designated Agent at:

Polarois, (Oriflamme Stratégies Inc.)
707 Rue de La Salle,
QC G1K 2V6, Canada
E-mail: email@polarois.com

Any notice alleging that content hosted or distributed through the Service violates intellectual property rights must include:

The electronic or physical signature of the person authorized to act on behalf of the copyright holder or any other right whose violation is alleged;
A description of the copyrighted work or other intellectual property you believe has been violated;
A description of the material that you believe infringes your rights, along with the indication of the address where it is located on the Service; your address, phone number, and email address;
A statement that you believe in good faith that the use of the Service elements you are complaining about is not authorized by the copyright owner, its agent, or the law;
and A statement that the information above in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property holder or authorized to act on behalf of the copyright or intellectual property holder.

We will terminate (without notice) the accounts of users we consider to be "repeat infringers," meaning a user who has been flagged more than twice for unlawful activity or whose User Content has been removed from the Service more than twice.

8. Prohibited Uses BY USING THE SERVICE, YOU AGREE NOT TO:

Use the Service for illegal purposes or in violation of laws or regulations;
Violate or encourage others to violate the rights of third parties, including the violation or fraudulent appropriation of intellectual property rights;
Upload or post User Content that is illegal, defamatory, libelous, reprehensible, offensive, indecent, pornographic, intended to intimidate, harass, or threaten, hateful, or otherwise inappropriate;
Interfere with the security features of the Service (e.g., do not attempt to disable or bypass features that limit your use or copying of User Content or reverse engineer the Service to discover the Source Code of the Service);

Interfere with the operation of the Service or another user's use of the Service (this means do not upload or distribute viruses, adware, or spyware, do not make unsolicited offers or promotions, do not collect personal information of others, and do not interfere with the networks or equipment we use to provide the Service);
Engage in fraudulent activities, such as impersonating another person or lying about your date of birth;
Sell copies of Images without first updating, modifying, or incorporating significant new creative elements into the Images, which must go beyond simple retouching, resizing, or other minor changes, provided they are not done by automated means (i.e., selling unmodified, slightly modified, or automatically modified copies of images), including selling them as prints or printed on physical products; Except where the following prohibitions are contrary to applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent a feature of the Service, including security or access control mechanisms;
Except for use of the Polarois API in accordance with the Polarois API Terms of Use, access the Service using robots, spiders, scripts, data indexing or extraction tools, or other automated tools or applications (other than your web browser or any mobile application we may release);
Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use Images to create a similar or competing service, or for Images to contribute to an existing similar or competing service;
Transfer your rights to use the Service or display, access, or use Resources; or
Use images in datasets related to machine learning and/or artificial intelligence (e.g., for training machine learning and/or AI models), or for technologies designed or intended for the identification of individuals;
Attempt to do or help someone else do any of these things.

Third-Party Services and Linked Websites
You may find tools on the Service that allow you to send information, including User Content, to services operated by Third-Party Companies, for example through features that allow you to link your Service account to another service account (e.g., Twitter, Facebook, or by adding share or like buttons from other companies). If you use these tools, you authorize us to send this information to the services of these Third-Party Companies and acknowledge that we are not responsible for the use of this information by the Third-Party Companies, as we do not control them. You may also find links to other websites on the Service that we do not operate. These websites are also not under our control, so you use them at your own risk when you leave the Service.

10. Termination of Your Account
If you violate any of the provisions of these Terms and Conditions, your permission to use the Service will be automatically terminated.

In addition, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You may terminate your account by writing to us at email@polarois.com.

We may update, modify, or even discontinue the Service at any time without notice.

11. Data Protection Charter and Other Requirements
We are committed to protecting personal data and want you to know what information we collect from you and how we use it. Please read our data protection charter (the "Data Protection Charter") carefully. The Data Protection Charter is incorporated into these Terms and Conditions as part of our agreement.
In addition, we may notify you of additional requirements you must follow when using the Service, including the Polarois License (the "Additional Policies"). These may include usage policies or community guidelines. All Additional Policies we publish on the Service or link to the Service are considered an integral part of these Terms and Conditions and are part of our agreements.

12. Modification of These Terms and Conditions
We may sometimes make changes to these Terms and Conditions with a 7-day notice. In such cases, we will take steps to inform you of these changes. We may send you notifications via a pop-up banner, by sending an email to an email address associated with your account on the Service, or in another manner, and we will notify you of the effective date of the new version of these Terms and Conditions. If you do not accept the new Terms and Conditions we propose, we may immediately cancel your account and terminate your access to the Service. In the event of a dispute regarding the Service, it will be resolved according to the version of the Terms and Conditions in effect when the dispute occurred.

13. Ownership of the Service
Oriflamme Stratégies Inc. holds the rights to and operates the Service. All software, visual interfaces, graphics, designs, information, compilations of Images, and all other elements of the Service (the "Materials") that we provide are protected by intellectual property laws and other laws. We or those who have licensed us own all the Materials contained in the Service and the related rights, and you may not use the Materials except as expressly permitted in these Terms and Conditions.

14. Indemnification
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising from or related in any way to: (i) your access to or use of the Service; (ii) your violation of these Terms and Conditions or any law or regulation; (iii) your violation of the rights of any third party, including intellectual property rights; or (iv) any dispute between you and a third party. Even in cases where you must indemnify us, we shall have the right to assume exclusive control of the claim (which will not limit your obligations concerning our indemnification), and if this occurs, you will cooperate with our defense of the claim.

15. Disclaimer; No Warranty
WE PROVIDE THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE, “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, BE SECURE, OR ERROR-FREE, OR THAT WE WILL CORRECT ERRORS OR HARMFUL COMPONENTS.

EXCEPT AS OTHERWISE PROVIDED IN SECTION 16 BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISKS OF DAMAGE RESULTING FROM YOUR USE OF THE SERVICE OR YOUR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND THE USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITE OR SERVICE IS AT YOUR DISCRETION AND SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA RESULTING FROM USING THE SERVICE OR DOWNLOADING OR USING CONTENT.

IN SOME COUNTRIES, THE LAW MAY PROHIBIT THE EXCLUSION OF LIABILITY AND WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY LOCATION. WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU IN ANY WAY WHERE IT WOULD BE ILLEGAL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; IN CASES OF FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL OR IF WE FAIL TO PROVIDE THE SERVICE IN ACCORDANCE WITH THE INFORMATION WE PROVIDE ABOUT OURSELVES OR ABOUT THE SERVICE.

16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO THE SERVICE OR ANY CONTENT OF THE SERVICE (OR YOUR INABILITY TO USE IT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS OTHERWISE STATED IN SECTION 18, OUR MAXIMUM TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR ACCESS TO THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, OR YOUR USE (OR INABILITY TO USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, IS LIMITED TO 100 US$.

IN SOME COUNTRIES, THE LAW MAY NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION IN THESE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, EXCLUSION OF WARRANTY, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE RISKS BETWEEN YOU AND US UNDER THESE TERMS AND CONDITIONS. THIS ALLOCATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF THEY AFFECT A MATERIAL ELEMENT.

17. Miscellaneous
These Terms and Conditions, along with the Privacy Policy and other policies considered part of these Terms and Conditions, constitute the entire agreement between you and us regarding your use of the Service. Except for our right to update these Terms and Conditions under Section 12 above, these Terms and Conditions may only be modified by a written agreement signed by both you and us. You are not permitted to assign or transfer these Terms and Conditions, nor to transfer your account on the Service, to any other person or entity without our consent, including any transfer you wish to make as part of a business acquisition. We may assign these Terms and Conditions with or without notice. Any delay or failure to enforce rights under these Terms and Conditions, or to require your compliance with these Terms and Conditions, will not affect our right to enforce these Terms and Conditions or to require your compliance at a later time. If we waive acting on a breach by you of these Terms and Conditions, we do not waive acting on any future breach and your obligation to comply with the provisions you have violated. We have included section and paragraph titles for convenience, but these titles do not affect the interpretation of these Terms and Conditions. If any provision of these Terms and Conditions is found by a court or arbitrator to be unenforceable, that unenforceable provision will take effect to the extent possible, and the remaining provisions will remain in full force and effect. When these Terms and Conditions are terminated, any provision that by its nature should survive termination (or that expressly states it will survive) will remain in effect after termination, including the following sections: Sections 2, 5, 6, and 8 through 21.

18. Governing Law, Dispute Resolution, and Arbitration

Residents of Canada. If you reside in Canada, the following text applies to you:

A) General:
These Terms and Conditions and any action related thereto will be governed by the laws of the Province of Quebec, Canada, without regard to its conflict of laws provisions. Subject to the remainder of Section 18.a, the exclusive jurisdiction for any action related to this Agreement will be in the District of Montreal, and each of us waives any objection to the jurisdiction and venue of such courts; however, in the case of a breach, fraudulent appropriation, or actual or potential violation of our intellectual property rights, we reserve the right to bring legal proceedings in any jurisdiction of our choice.

B) Arbitration:
Each of us agrees that any dispute, claim, or controversy arising out of or related to these Terms and Conditions or the use of the Service will be resolved exclusively by binding arbitration. However, each of us retains the right to bring an individual action in small claims court and the right to seek an injunction or other equitable relief in a competent court to prevent an actual or potential violation, misappropriation, or infringement of intellectual property rights. You acknowledge and agree that you waive the right to participate, as a claimant, in any class action or representative proceeding. Unless otherwise agreed in writing between you and us, the arbitrators may not combine claims of more than one person and may not otherwise preside over any form of class or representative action. If this Section 18.a.ii is found unenforceable, Section 18.a will be deemed null and void in its entirety.

C) Arbitration Rules:
Arbitration will be subject to Article 940 and follow the Civil Procedure Code (Quebec).

D) Place of Arbitration:
Unless otherwise agreed between you and us, arbitration will take place in Quebec City, Quebec.

E) Decision:
The arbitrators will issue an award within the timeframes specified in the Civil Procedure Code (Quebec). The decision will include the essential findings and conclusions upon which the arbitrators based their award. Judgment on the arbitration award may be entered in any competent court to do so. Any damages awarded by the arbitrators must be consistent with the terms of Section 16 regarding the types and amounts of damages for which a party may be held liable.

F) Fees:
The arbitrators will determine who is responsible for paying the fees associated with the arbitration.

G) Residents of the United States and other countries:
If you reside in the United States or any other country other than Canada, the United Kingdom, or the European Union, the following text applies to you:

H) In general:
In order to resolve disputes between you and us in the most efficient and cost-effective manner, you and we agree to resolve any dispute arising from these Terms and Conditions or your use of the Service through binding arbitration. Arbitration is less formal than a court action. It involves a neutral arbitrator rather than a judge or jury, may allow limited document exchange (i.e., fact-finding before trial) rather than in-court confrontation, and is generally not subject to appeal in court. Arbitrators can award the same damages and remedies as a court. Our arbitration agreement regarding claims arising from or relating to any aspect of these Terms and Conditions covers all claims, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms and Conditions. YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND POLAROIS EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

I) Exceptions:
Notwithstanding Section 18, you and we agree that nothing in these Terms and Conditions limits or contradicts our right to (i) bring an individual action in a small claims court, (ii) bring a lawsuit through federal, state, or local agencies, (iii) seek injunctive or other provisional relief in a court before arbitration, or (iv) bring a lawsuit to address intellectual property claims.

J) Arbitrator:
Any arbitration between us will be conducted under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (AAA), as modified by these Terms and Conditions, and the AAA will administer the process. If you wish to obtain a copy of the AAA rules, you can find them online at www.adr.org or by calling the AAA at 1-800-778-7879.

K) Notice and Processing:
If either of us intends to request arbitration, we must first send written notice to the other party of the dispute by certified mail or via Federal Express (signature required), or, if we do not have a physical address on file for you, by email ("Notice"). Our address for sending a Notice is: Polarois (Oriflamme Stratégies), Inc., 707 Rue de la Salle, Québec, QC, G1K 2V6, Canada. Any Notice must (a) describe the nature and basis of the claim or dispute, and (b) describe the specific remedy sought ("Claim"). You and we agree to make good-faith efforts to resolve any claim directly, but if we fail to reach a resolution within 30 days of receiving the Notice, you or we may initiate arbitration proceedings. During the arbitration, the amount of any settlement proposal made by you or us will not be communicated to the arbitrator until the arbitrator has made a final decision and issued a ruling (if applicable). If the arbitration rules in your favor, we will pay you the higher of: (i) the amount awarded by the arbitrator (if applicable), (ii) the last written settlement offer made by us to resolve the dispute before the arbitration ruling, or (iii) $10,000 USD.

L) Fees:
If you initiate arbitration under these Terms and Conditions, we will reimburse you for any filing fees you have paid if your claim is $10,000 USD or less. Otherwise, the payment of filing fees will be determined by the AAA Rules. If your claim is $10,000 USD or less, you may choose whether the arbitration is conducted (i) solely based on the documents submitted to the arbitrator, (ii) by phone, without an in-person hearing, or (iii) with an in-person hearing as set forth by the AAA rules in the county (or parish) of your billing address. If your claim exceeds $10,000 USD, the arbitration hearings will take place at a mutually agreed location in Los Angeles County, California. If the arbitrator decides that the substance of your claim or the remedy you are seeking is frivolous or serves an improper purpose (as measured by the standards of Federal Rules of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules, and you agree to reimburse us for any amounts we have already paid but for which you are required to pay under the AAA Rules. The arbitrator will issue a reasoned written decision sufficient to explain the essential elements and conclusions on which the decision and award (if applicable) are based. The arbitrator may rule and resolve disputes regarding the payment of fees or expenses at any point during the process and at the request of either party within 14 days after the arbitrator’s decision on the merits.

M) No Class Actions:
YOU AND WE AGREE THAT EACH PARTY MAY ONLY ASSERT CLAIMS AGAINST THE OTHER INDIVIDUALLY, AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless otherwise agreed by you and us, the arbitrator may not consolidate claims of more than one person and may not preside over any form of class or representative action.

N) Modifications:
If we make changes to this arbitration agreement (other than a change to our address for Notice), you may reject the changes by sending us written notice (to our address for Notice) within 30 days of the change. If you do, your account on the Service will be immediately terminated, and this arbitration agreement, as it was in effect immediately before the changes you rejected, will survive termination.

O) Enforceability:
If Section 18 is found to be unenforceable, or if the entire arbitration agreement under this Section 18 is found to be unenforceable, then this Section 18 will be null and void, and if this happens, you and we agree to submit any dispute related to these Terms and Conditions or your use of the Service to the exclusive jurisdiction described in Section 18.c.

P) Residents of the United Kingdom and the European Union:
If you reside in the United Kingdom or the European Union, the following text applies to you. This Agreement is governed by the laws of England and Wales. The courts of England and Wales will have non-exclusive jurisdiction over any legal action or proceeding permitted under this Agreement, which means that as a consumer, you can only bring an action or legal proceeding against us in a court in your country of residence or in the courts of England and Wales. If Polarois wishes to assert its rights against you, we may only do so in the courts of your country of residence. Additionally, please note that disputes may be submitted for resolution online through the European Commission’s Online Dispute Resolution platform.

Q) Applicable Law:
If you reside in the United States or any other country outside of Canada, the United Kingdom, or the European Union, our agreement under these Terms and Conditions is governed by the laws of New York, without regard to its conflict of law principles. If a lawsuit is permitted under these Terms and Conditions, you and we accept the exclusive jurisdiction of the state and federal courts located in New York County, New York.

19. Consent to Electronic Communications
You agree to receive electronic communications from us as described in our Data Protection Charter. To learn more about your choices regarding our electronic communication practices, please read our Data Protection Charter. We may send you notices, agreements, communications, or other communications electronically.

20. Contact Information
The Service is provided by Polarois (Oriflamme Stratégies), Inc., 707 Rue de la Salle, Québec, QC, G1K 2V6, Canada. You can contact us by sending mail to our postal address or by emailing us at email@polarois.com.

21. Notice to California Residents
If you reside in California, under Section 1789.3 of the California Civil Code, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at (800) 952-5210 to resolve a complaint regarding the Service or to obtain more information about the use of the Service.