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Introduction

Welcome to the platform and the application for the lending and reading of digital books of your library (individually and collectively the Service) Our Service will allow you to borrow your favorite books in a simple, safe and friendly manner. However, please read carefully these terms of use (Terms), as they contain important information about your rights and obligations as a user.

By using the Service, you agree to enter into a contract that commits you to your library as well as to De Marque Inc. (each individually a Manager or collectively the Managers), under the conditions set forth in these Terms, that you acknowledge having read and understood and which legally and contractually bind you as a user. In return, the Managers hereby grant you a royalties-free license for the use of the Service, non-exclusive, revocable and modifiable in accordance with these Terms.

If you do not agree to these Terms, please do not register or use the Service. Any improvement or modification of the Service will automatically be subject to these Terms, unless expressly provided otherwise. 

Update of the Terms

These Terms are subject to change at any time by the Managers. If we make any changes, we will take measures to inform you accordingly. In case of failure or refusal by a user to accept the updated version of these Terms, their access to the Service may be suspended from the date of entry into force of the update.

Modifications to the Service

The Managers may, at their sole discretion, change, delete, modify, restrict, suspend or cancel the Service, or any part thereof, without notice or liability towards you or any other person.

Your account

To access the Service, you must have an account in good standing with one of the libraries served by the Service, or create an account directly in the Service, in cases where this option is available.

Your user account is created for your personal and non-commercial use of the Service. The Managers reserve the right to suspend or terminate your user account and your access to the Service if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, obsolete or incomplete. By your use of the Service, you confirm that you are 13 years of age or more or, if not, that you have obtained the prior consent of your parents or legal guardian authorizing you to use the Service.

You are responsible for protecting your password and all activities on your account, whether or not you have authorized such activities. If you become aware of or reasonably suspect any intrusion, including theft, loss or unauthorized disclosure or use of your password, you should immediately notify us by contacting us in the manner provided for in these Terms. 

Policies and rules

When you access or use the Service, you agree to comply with: (a) any policy of use and other policies established by the Managers from time to time in connection with the Service or their respective website; and (b) all applicable laws, including protection of intellectual property law, especially those related to copyright and regulating the reproduction, broadcasting and use of the works protected under the such laws.

Your privacy

Managers are concerned with the protection of your personal information and respect of your privacy. Information on the type of information collected during your use of the Service, the reasons why such information is collected and the use made thereof is available in the Privacy policy, which you are responsible to review and acknowledge having read and understood by your acceptance of these Terms.

The Managers are committed to take reasonable technical measures to protect the physical security of your personal information. However, given the nature of the public network that internet is, the user acknowledges and agrees that the security of transmissions over the internet cannot be guaranteed. As a result, the Managers cannot guarantee nor assume any liability for any breach of privacy, hacking, viruses, loss or alteration of the information transmitted or hosted on its systems.

Prohibitions

You shall not, under possible penalty of civil or criminal liability:

  • Disassemble, decompile, perform any operation of reverse engineering or other operation in order to access the source code of the Service;
  • Copy, imitate or reproduce the Service, as well as the content thereof, in whole or in part, use it for a commercial purpose, rent it, offer it for rent, lend it, sell it, publish it, offer it under license or sublicense, distribute it, assign or transfer it in any manner whatsoever and to any person whomsoever, in whole or in part, without the prior written consent of De Marque;
  • Upload on or to the Service or transmit via the Service, in the event that this function is available, any content, link or other item which, if reproduced, published, transmitted or used, could:
    • Be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic or violate, harm or interfere with the privacy of any person;
    • Violate any law, including those on intellectual property, on the protection of privacy or other laws;
    • Impersonate another person or otherwise mislead about the identity of a person;
    • Give rise to civil or other liability; or
    • Be related to illegal drugs, weapons, game or other illegal activities.
  • In cases where this option is available, download or transmit via the Service any file, data, software or link that contains or that redirects to a virus, a Trojan horse, a worm, or other harmful component;
  • In cases where this option is available, use the Service to commit, or attempt to commit, any of the following actions without the prior written approval of a Manager:
    • Send unsolicited emails such as spam or other mass mailings;
    • Get unauthorised access to all data, all networks or all systems;
    • Make or promote any commercial activity;
    • Monitor data or traffic on any network or system;
    • Obtain an email address, a user name or any other information on a third party without its consent;
    • Use any misleading or false message header TCP/IP in any e-mail or posting; or
    • Make or initiate any denial of service attack against De Marque’s website or network or against any third-party website or network.
  • Incorrectly make complaints or make false reports via the Service;
  • Falsify any data or information available on the Service;
  • Remove or modify any notice on copyright or other notice related to intellectual property of the Service;
  • Avoid, circumvent or disable any technological secured access, security system, procedure, protocol or mechanism of technological protection which can be included in or part of the Service or of any software/computer hardware used to offer the Service or the software/hardware or services of third parties; or
  • Authorize or encourage any third party to do the above mentioned.

Content

Your content

The Managers may allow, in their sole discretion, the downloading and the publication of comments and remarks, via a book club or otherwise, as well as pictures, text or other content submitted by you through the Service, including your reading history (collectively, Your content). By submitting Your content, you grant the Managers an irrevocable, perpetual, non-exclusive, transferable and free license to copy, modify, display, or otherwise use Your content.

You represent and warrant to De Marque that: (a) you are the owner of Your content or you have the written permission from the owner of the copyright to make available Your content on or through the Service; (b) Your content is accurate and correct; (c) you have the right to grant the above mentioned license to the Managers; and (d) the reproduction, display, distribution, use and other exploitation of Your content by the Managers and their service providers, members, users and licensees, as permitted by the above mentioned license, will not infringe the rights of any third party and will not infringe any laws, in particular the laws on copyright and on the protection of intellectual property.

The Managers may refuse to post or remove any content considered inappropriate, among others if vulgar, offensive, defamatory, obscene, hateful or otherwise illegal or objectionable. 

Content of De Marque or of third parties

You are hereby advised and acknowledge that De Marque inc. is the owner of: (a) the Service, including any text, picture, sound, video, model, plan, map, image, icon, software, design, applications, data, graphic presentations, trademarks, logos and slogans created or used by De Marque and on which it holds the intellectual property rights; (b) any tool, computer hardware and software used to offer the Service; and (c) graphic design, user interface and the look and feel of the Service. Some texts, photos, sounds, videos, models, plans, maps, images, icons, software, designs, applications, data, graphic presentations, trademarks, logos and slogans may be owned by third parties. In all cases, you should not use them, reproduce them or save them without the written prior consent of De Marque or of any such third party.

You are reminded that you are responsible of the compliance with all copyright and intellectual property laws and that all download and/or printing of pages, either from the Service or from the books that you read, is at your own risks. You cannot edit any page, or remove or alter the identifications, marks, notice or disclaimer, visible or not visible. 

Other content

The views, comments and other information broadcasted via the Service are only intended to provide information to the users and are provided for reference purposes only, without any implied or express warranty and do not exempt the users from their obligation to inquire and do the usual checks in order to validate its accuracy, veracity and completeness. 
The Managers do not expressly and systematically approve all content displayed on the Service and will in no event be responsible for the content generated by users of the Service, their respective websites or third parties websites or applications.

Links from the Service

The Service may allow you to connect or to log-in in order to use features offered by applications, services, or websites operated by third parties and which are neither owned nor controlled by a Manager (collectively the Third party applications). We provide these links for your convenience only, and you access them at your own risk. You may also have to respect some additional provisions and terms of use applicable when you use or purchase, as the case may be, certain products or services related to the Service or to Third party applications.

Waiver of warranty and indemnity

Your use of the Service can be interrupted or cancelled, in whole or in part, at the entire discretion of the Managers. It may not be excluded that the Service, as well as its content, may contain errors, omissions, inaccuracies or may not be complete or up to date. When an error is noticed, we will try to correct it as soon as possible and to make reasonable efforts to notify the affected users. This could mean that your reservations that have not yet been processed will be cancelled. The Service may also be not available from time to time for maintenance, updates, failure of computer hardware / software, repairs, power failures, hacking, denial of services attacks, for large unforeseen services requests or for any other reason.

The user expressly accepts that any use of the Service is at its own risks. All services offered by the Service are provided "as is" and "as available." The Managers give no warranty, conventional, legal or of any nature whatsoever, express or implied, related to the performance of their services.

The Managers make no representation nor do they guarantee the user that: i) the Service, or the benefits arising therefrom, will meet its expectations, will be adequate for a specific purpose or of merchantable quality; and (ii) the services offered by the Service will be uninterrupted, available, safe or free from inaccuracies, virus or error and that any programming error will be corrected on a timely basis.

The Managers, their affiliated companies, directors, officers and employees cannot be held responsible, whether in contract or in tort, toward any user or any other third party, for any indirect, special or exemplary damage, including but not limited to damages or loss of income, profits or other tangible or intangible assets, even if a Manager or its affiliated companies may have been notified of the possibility of such damages and resulting from whatever source, including: i) the inaccuracy of information and items referred to on the Service or the website of a Manager;  (ii) any delay or deferment related to a reservation or to the impossibility of making such a reservation, and; (iii) a message of error, of unauthorised transmission or access, loss or alteration of data.

Indemnity

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MANAGERS AGAINST ANY AND EVERY RESPONSIBILITY AND COSTS, INCLUDING ATTORNEYS ' FEES AND REASONABLE JUDICIAL COSTS SUFFERED BY THE MANAGERS RELATED TO ANY CLAIM, REQUEST OR PROCEDURE RESULTING FROM OR RELATING TO YOUR VIOLATION OF THESE TERMS OR THE INACCURACY OF ANY OF YOUR REPRESENTATIONS AND WARRANTIES OR ANY WRONGFUL CONDUCT BY YOU OR BY ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THESE TERMS OR BY LAW.  YOU HEREBY AGREE TO COOPERATE AS REASONABLY REQUIRED BY THE MANAGERS IN THE DEFENSE OF ANY SUCH CLAIM, DEMAND OR PROCEEDING. 

Termination

The Managers will be entitled, in the event of a breach of its obligations by a user, to terminate the contract hereby entered into as well as your permission to access to and to use the Service as well as your library account or the account created directly in the Service, if necessary, without prior notice or liability towards you or any other person.

If this contract or your permission to access to or use, in whole or in part, the Service is terminated for any reason whatsoever, this contract and any other agreement existing between you and the Managers will continue to apply with regard to the following sections of this contract : "Content", " Waiver of warranty and indemnity ", "Laws and Courts, as well as any other provisions necessary to give effect to the aforementioned sections, which will survive the termination of this contract and will remain into force with full effect. 

Laws and Courts

These Terms as well as the use of the Service are governed and will be interpreted according to the laws of the province of Quebec and the laws of the Canada applicable in the province of Quebec, if any, excluding its conflict of laws rules. The user and the Managers irrevocably assign to the competent court of the province of Quebec (Canada) in the judicial district of Quebec City, the jurisdiction to decide any dispute relating thereto or arising therefrom, to the exclusion of all others courts. 

Miscellaneous

Any statement by a court to the effect that one of the provisions of these Terms is null or unenforceable will not affect the validity or enforceability of the other provisions of these Terms, which will remain fully enforceable.

You agree that these Terms constitute the full, entire and exclusive agreement between you and the Managers with respect to the Service and supersedes any contract or agreement, whether written or oral, regarding the subject hereof.

These Terms benefit and bind the successors and assigns of the Managers as well as your heirs, executors, administrators, successors and authorised rights holders.

You may not assign this contract or the rights and obligations arising therefrom. The Managers can assign this contract and the rights and obligations arising therefrom without your consent, provided that the assignee shall undertake to respect the rights that you are being granted under the terms hereof. This contract contains provisions for the benefit of the Manager’s entities, each of which has the right to claim and to enforce these provisions directly and on its behalf.

If a Manager or the user fail to claim one of the rights under these Terms, this shall not be interpreted as a waiver thereof or as a modification of such right of a party. Each of the Manager and the user may, within the time limit prescribed by law, institute proceedings in order to avail itself of its rights. A delay in doing so is not an opposable means of defence.

The user acknowledges that these Terms have the same effect and the same value as if they had been signed personally by him/her. A printed version of these Terms or of any notice sent by electronic mail will be admissible as a mean of proof in the context of a litigation, like any other business document or registry generally kept in paper form. 

Contact

All questions about the Service or the services offered De Marque or the Managers may be addressed to: data@demarque.com or to De Marque inc., 400, boul. Jean-Lesage, suite 540, Quebec (Quebec) G1K 8W1, Canada.