Terms & Conditions
The services on this Web Site are subject to the terms of use set forth below. By visiting this website or by making purchases on the site, you are accepting to comply with these terms of use. You should revisit this page periodically to review such terms, as you are bound by them. If you do not accept and agree to these terms of use, you are prohibited from using the Web Site or to access the Products and Services offered thereon.

GENERAL PROVISIONS

Products and Services for this website are provided by the Web Site owner and developer.

Scope

This agreement governs use of the Web Site, regardless of the technology used to gain access to the Products and Services.

Other agreements

This agreement should be read in conjunction with all other current and future agreement entered into with us, as well as with the terms, conditions and disclaimers posted or included on the Web Site. In case of conflict between the terms of this agreement and those of any other agreement entered into with us, the terms of the other agreement shall take precedence to the extent required to resolve the matter.

Modifications

We reserve the right to modify the Products and Services, Web Site or this agreement at any time. We will inform you of such modification by posting a notice to this effect on the Web Site. If you continue to use the Web Site or the Products and Services offered thereon after the posting of such notice, this will signify that you accept and agree to the agreement in its modified form. If you do not agree with a modification to this agreement, you should immediately cease use of this Web Site and access to the Products and Services.

Confidentiality and security of transactions

We have established a Confidentiality and Security of Transactions policy that applies to all Users of the Site. Please read this policy to familiarize yourself with our procedures.

Interpretation

The main terms and conditions of this contract are defined under OTHER, below.

Products and Services

The Web Site offers a package of Products and Services that includes a search engine that provides access to our data base hosted on the Web Site. Those Products and Services are only offered in the territories where their sale and consultation is allowed by law.

Web Site Use

Through the Products and Services, we allow you to perform searches to locate the data and information on the Web Site.

We disclaim any liability for damages (direct, indirect or special) that might result from your use of the Web Site, the Products and Services, documents uploaded to the Web Site or its Content in general. While every effort has been made to ensure the quality of the information and documents posted on this Site and the Products and Services, including the texts, illustrations, links with other websites, etc., these are provided on an ‘as is’ basis. We do not guarantee the quality of the information, documents or Products and Services on the Web Site, and expressly disclaims any liability with respect to errors, defects or omissions that may occur. No guarantee of any kind whatsoever, whether implied, expressed or legal, is provided with regard to such information, documents or Products and Services offered on the Web Site or, more generally, with regard to its Content, nor as to whether or not these meet your requirements or expectations.

It is possible that, due to the Internet browser used or certain transmission problems, you might obtain inaccurate or incomplete copies of information or documents that you download or display on your screen.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential or exemplary damages or any losses or expenses arising from the uninterrupted, secure state or use of the Web Site, the suspension and/or interruption of the Products and Services, or the inability of you or any third party to use the Web Site. Your use of the Site indicates that you acknowledge and accept this risk. We shall also not be liable for other problems that might arise from power outages, errors, omissions, interruptions, defects, operating or transmission delays, computer viruses, communication or system failure or data or other losses, even if we or any of our representatives have been advised of the possibility of such damages, losses or expenses.

Consequently, you expressly agree to accept the risks inherent in the use of the Web Site.

Consequently, you release us, external suppliers, the Web Site and our personnel, officers, directors, shareholders, and agents of any liability with regard to:
  • Any loss and/or damages suffered and/or caused to others, directly or indirectly, through the use of the data, information or Products and Services offered on the Web Site or, more generally, its Content;

Finally, you expressly agree to take the risks inherent in the use of the Web Site.

Disclaimer with regard to the Internet link and search content

The Web Site Products and Services are offered to you through a search engine with numerous links to other sites and external web pages that have no partnership relationship with us. These are provided solely as a convenience to you. They are not controlled by us, and their inclusion does not imply endorsement by us. The content and accuracy of the information provided or Products and Services offered, opinions expressed and other links contained on these sites are not examined, checked, monitored or endorsed by us. If you click on such links and decided to access the content posted or displayed on the web pages of such links, you do so at your own risk. You are responsible for using anti-virus software or any other program to protect your computer. You acknowledge that under no circumstances shall we be held liable for any damages or loss sustained by your computer hardware or software, data or content from the use of the Products and Services offered on the Web Site, including through access to other sites and/or web pages obtained through the Web Site search engine.

In addition, you accept and agree that we shall in no way be liable for any damages (direct, indirect or special) in relation to any information, data and/or articles posted or displayed on the links or web pages referenced by the Web Site search engine.

Trademarks

The Web Site and its logo are trademarks. All rights reserved. They are our exclusive property as well as our affiliate partners and wholesalers where it applies. Unless otherwise indicated, no-one is authorised to use any of the trademarks appearing on the Web Site.

Intellectual Property Rights

All data, information and documents distributed through the Web Site, as well as the database that feeds the Web Site, the design and architecture that enables the presentation and sale of the Products and Services to consumers through the Web Site, the Web Site itself and the Products and Services offered thereon are collectively referred to as the “Content” and are protected by American and international laws and treaties governing the protection of intellectual property rights.

Unless otherwise indicated as provided for in the partnership programs set up by us, no part of the Content hosted on the Web Site may be reproduced in any way or by any means whatsoever. This restriction on the use of the Content applies, without limiting the preceding, to any data or material distributed or offered on the Web Site.

Unless otherwise indicated, no-one is authorised to:
  • Reproduce, retransmit, distribute, sell, publish, communicate or broadcast the elements of the Content offered by the Web Site or create a derivative work without the prior written consent of us;

  • Extract, store, re-use, reproduce or keep the Content of the Web Site database, directly or indirectly, in whole or in part, on any electronic support or by any other means whatsoever;

  • Undertake the fraudulent extraction of the Content of the Web Site database, directly or indirectly, in whole or in part, by any electronic means, including the use of a program intended for data extraction or by any other means intended for this purpose.
Licence

Subject to the terms of use herein, we grant you a limited, non-exclusive, non-transferable licence allowing you to view and consult the Content using a computer or any other electronic means providing access to such Content, and to enjoy the use of the Products and Services offered on the Web Site for personal, non-commercial purposes.

General Obligations

By using the Web Site, you accept and agree not to:
  • Perform any act of any kind whatsoever that would interfere with the proper operation of the Web Site or the Products and Services;

  • Use the bandwidth abusively in an manner other than one considered normal for the information and documents and Products and Services offered on the Web Site;

  • Write comments or messages that are defamatory, blasphemous, denigrating, abusive, improper in nature or counter to acceptable standards on the Content hosted on the Web Site that could in any way affect our reputation or those of our suppliers;

  • Transmit or distribute by any means whatsoever messages or comments containing a virus, Trojan horse, worm, cancelbot or any other content intended to destroy or disrupt the proper operation of the Web Site and/or harm the Products and Services and/or affect the Content hosted on the Web Site.

PRODUCTS AND SERVICES

Members

To benefit from the advantages offered to members, you can register by creating an Account. You must comply with the registration procedure by completing the form provided for this purpose, including the required fields marked with an asterisk, such as your family name, given name, municipality of residence and a valid email address, so as to receive your temporary password. You must also choose the user name that will be requested when you connect to the Web Site.

Once you have accepted these terms of use, you must submit the information by clicking on the “Create your Account” button. You will promptly receive an email confirming the activation of your Account, and containing your temporary password allowing you access to the Web Site.

Once you are connected to the Web Site, you can change your personal information by clicking on the “Account” button. However, you are responsible for the accuracy of the information that you provide to us. Under no circumstances shall we be liable for inaccurate information provided by you.

You are also responsible for the confidentiality of your user name and password. When these are used to connect to the Web Site, you are presumed to be the one using them. By using the Web Site or being presumed to have used it, you release us from any liability arising from such use.

Withdrawal of Access Rights

You accept and agree that we reserve the right to suspend or terminate your Account at any time, at our sole, entire discretion, without any obligation to give you prior notice, should we believe that you have violated one or more of the provisions of these terms of use, and that such violation was committed through the use of your user name and/or your password. By simply using and accessing the Web Site, you accept and agree that we have no liability to you in the event of the suspension or termination of your Account.

We shall not be held liable for losses, damages, expenses or inconvenience that might arise from the withdrawal of your access rights.

If you are dissatisfied with the Web Site, its Products and Services and/or these terms of use, you acknowledge that your sole recourse shall be to cease using the Web Site and/or its Products and Services.

LIABILITY AND SAFETY

Force majeure

We shall not be held liable for the breach, in whole or in part, of any one of its obligations to you, nor for the damages or losses you might incur, should the breach, damages or losses result from a case of force majeur or from circumstances beyond its control.

General

Any consent by us to, or waiver of, a breach of this agreement which you have committed, whether expressed or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. Except for any agreements with us that expressly reference this agreement, this is the entire agreement between you and us relating to the matters contained herein.

ADMINISTRATION

As part of our administration procedures to maintain this site, we reserve the right to do the following:
  • Merge any related content of a duplicate or double identity account to its original account as soon as discovered.

  • Relocalize a thread into a more appropriate location

  • Freeze a thread. The frozen thread stays accessible to all members, but it may no longer be replied to. The participants of the frozen threads should think of the reasons before they (possibly) start another thread of similar nature.

  • Mark messages that contain sensitive material, i.e. profanity. A user has the ability to set his account not to receive messages that contain sensitive material when reading new messages. We will mark messages in real time, but it is still possible that a message may go past this filter if it has not yet been marked. Users are encouraged to notify us of any message they think should be marked as sensitive.

  • Update a thread title. This is primarily needed when we discover a typo in the thread title. However, we may also do it to change the name of threads in order to more accurately reflect the thread context. For example: a thread title might be "combobox question". We might update it to be "How to save items added to combobox?".

  • Update the message content to fix its layout. This assumes that a message posted contains some invalid code, which will make the message appear not correctly. In such a situation, we may apply the proper adjustment so that the message appears correctly.

  • Make some corrections in various other types of content for enhancement in the data integrity, fix typos, remove unrelated data, adjust the date format, etc.

  • Remove an offended link from a message, based on the request of the user who created the message, and where this link is applicable down below the thread, which assumes the link was posted in the message by mistake.

  • Remove an account based on a request from a person of authority combined with sufficient data confirming the deceased of a member, should referenced data apply then only specific account information may be removed such as address, credit card information, profile picture and telephone number.

NEW ACCOUNT APPROVAL PROCESS

We will reject an account during the approval process for any reason we judge satisfactory, such as:
  • A fake account
  • An account that contains an invalid email address
  • An account that contains erroneous information
  • An account that contains vulgarities
  • A duplicate account
  • An account that is used as a false or double identity
  • Any other evidences that lead us to believe that an account is invalid

SHARING OF AN ACCOUNT

The sharing of account is strictly forbidden. Anyone doing so is in direct violation of the Terms & Conditions of this site. In the event such situation is discovered, we reserve the right to seek damages from the related party to the fullest extent permitted by law.

ADVERTISEMENT

We do not accept any advertisement in the content created by members. If you wish to advertise, you may contact us for more information.

UPLOADING IMAGES

The upload of images is supported at various locations on the site. The content of the image should be relevant to its option. Any image that would be judged as inappropriate to the site, such as adult content or any other offending content, can and will trigger an immediate ban suspension of the account with or without any notice.

PROFILE PICTURE

The upload of an image for your profile picture is supported. This creates a small and bigger versions used wherever this relates on the site. The following applies as far as the Terms & Conditions go for this option:
  • This must be an image from you from the adult age
  • The profile picture should not contain any border (3D border, frames, etc.)
  • The profile picture should not contain sun glasses
  • The profile picture should avoid containing something that would hide your face such as a helmet
  • The profile picture should only contain you in the picture
  • The profile picture should not contain any nudity

RULES

Nothing in the Terms & Conditions of the site interferes with, restricts, or prohibits the free expression of opinions upon any subject; however, the following are not allowed and are not tolerated:
  • Inappropriate behaviour online
  • Blasting of other members or any similar behaviour
  • Personal attacks based on race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex
  • Political attacks
  • Malicious use of expletives or obscenities
  • Any use of profanity
  • Spamming
  • Flaming
  • Any use of false or double identity
  • Internet trolling
  • Internet flooding
  • Altering the communication language in used, unless towards English, as this is the universal language
  • Hijacking of a thread
Failing to abide by the Terms & Conditions may result in being banned from the site. If your are banned from the site, any prior payments will not be reimbursed.

We expect that each member will use one account only. In order to ensure the good running of our service and a high level of content integrity, it is strictly forbidden to create a duplicate account, an anonymous account or to have multiple individuals share the same account.

SITE INDEXING

All content on the site is subject to bot indexing, such as Google indexing, including messages created in the forums, unless restricted content apply such as a private forum and a private category.

MECHANISMS TO BYPASS THE SITE CONTEXT

Any attempt by an individual to bypass the mechanisms in place to gain access to specific content constitutes a violation of the Terms & Conditions of this site. This site provides an online interface, which is accessible from within a browser such as Microsoft Internet Explorer and Netscape. This is the only interface supported. Any other mechanism used is not allowed.

ENFORCEMENT OF THE TERMS & CONDITIONS

Depending on the severity of the situation, when one of the Terms & Conditions has been violated, we may try to contact the member and/or simply proceed with the proper procedures in order to ensure the good running of the site.

We will coordinate efforts with the authorities to trace any member that has violated the law with its dealings with us.

We reserve the right in such a situation to divulge to the authorities any personal information that we may have about the member in order to facilitate the locating of the member.

LEGAL ACTIONS

We are proud of our accomplishments over the years and we believe in the quality of our product. To that extent, we will prosecute to the full extent of the law any individual who wilfully attempts to damage our reputation by making false allegations about us.

Any attempt by an individual to deliberately damage or undermine the legitimate operation of this site is a violation of criminal and civil laws and should such an attempt be made, we reserves the right to seek damages from the related party to the fullest extent permitted by law.

TERMINOLOGY

Definitions – In this agreement:
  • «Account» means the Account of a Member granting certain benefits in addition to Web Site access;
  • «Business» means a sole owner, a partnership, a corporation or an unincorporated association;
  • “Including” means including but not limited to;
  • “Member” means a personal User or User of the business that has opened an Account;
  • “Password” means any password that you use to gain access to your Account or to perform operations, and which provides you with access to some or all of the goods and services offered by the Web Site;
  • “Products and Services” means any product or service to which you have access through the Web Site once your password has been verified;
  • “Us” and “Our” refers to DMIB or its affiliated companies;
  • “User” means any individual or corporation that uses the Web Site, including a Visitor as defined in DMIB’s Promotional Program for Affiliates;
  • “User Code” means the code used to access your Account;
  • “Web Site” and “Site” mean the website and its Content operated by DMIB or by a company associated with it, which you use to access the Products and Services offered on the Web Site;
  • “You” and “Your” refers to the Web Site User.
Titles

Titles are inserted to facilitate references and have no bearing whatsoever on the interpretation of the provisions of this agreement.

GOVERNING LAW AND JURISDICTION

The Web Site (excluding linked websites) is managed by DMIB. By accessing or using the Web Site, you agree that all matters relating to your access to, or use of, the Web Site and/or the Content, as well as this agreement, shall be governed by the laws of the Province of Quebec, Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the exclusive jurisdiction of the courts of the district of Montreal, Province of Quebec with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.