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Terms of Use


It is important that all Artfox.com Web site users, whether ordinary Visitors or Members, fully read and freely and knowledgeably accept the Artfox.com Web site Terms of Use.

Moreover, by clicking on the "I accept" button when registering, Members are consenting to be bound by and become a party to this agreement with Artfox.com.

Ordinary Visitors acknowledge that the use of this Web site in itself constitutes acceptance of the Artfox.com Web site Terms of Use, and any amendments hereof. Any Visitor who is unwilling to adhere to any of the provisions set forth in the Artfox.com Web site Terms of Use is asked to cease using the Web site.

To ensure a better understanding of this agreement, Artfox.com managers strongly recommend that Members and Visitors print these Terms of Use.

IF YOU BREACH ANY OF THESE TERMS OF USE, YOUR RIGHT TO USE THIS WEBSITE WILL TERMINATE AND YOUR ACCOUNT WILL BE CANCELLED.

Preamble

Artfox Inc. (hereinafter "Artfox.com"), a registered company, located at 4115 St-Laurent, suite 200, Montreal, QC, H2W1Y7, is the owner of the Artfox.com Internet site. Artfox.com is a business network that facilitates the negotiation of professional services and the development of professional contacts. It is specifically intended for :

  • independent professionals or businesses that have services to offer and wish to promote their skills and
  • small, medium- and large-sized business or individuals who are searching for professional services and would like to make their needs known.

There are two types of Artfox.com Web site users, namely ordinary Visitors (hereinafter "Artfox Visitors") and Artfox Members. As specified in Article 2, each of these two membership categories has distinct privileges.


Definitions

  1. Membership Account

  2. A record of Personal Information provided by the Member when registering at the Artfox.com Web site to ensure ongoing communications and enable use of the web site.

    Some of the Personal Information (first and last name) in a Membership Account may also be published in Profiles, Job Posts, or any other documents published by Members.

  3. Member

  4. Individuals or corporations that register for Artfox.com services free of charge are entitled to the privileges associated with an Artfox membership.

  5. Profile

  6. All the public, non-confidential information that different Members post on a page presenting their services.

  7. Artfox Visitor

  8. An Artfox Visitor is anyone who is not a Member. Visitors have limited privileges. Their access is restricted to only some of the information and they are never required to provide any information whatsoever about themselves.


Artfox.com's Obligations and Responsibilities

  1. Artfox.com's Obligations
  2. Artfox.com Infrastructure Organization

Artfox.com establishes the infrastructure required to put the different categories of Members in contact so that they may use the Artfox.com business venue to connect, network and contract. This obligation is contingent upon means and cannot be guaranteed under all circumstances.

In particular, Artfox.com cannot guarantee that its online services will be accessible at all times. Moreover, Artfox.com cannot ensure that interruptions to services or Web site access will not occur, both for reasons associated with internal management of the Web site (problems with the server, programming, software, hosting) and for external causes related to the very nature of the Internet over which Artfox.com has no control.

Nonetheless, Artfox.com undertakes to use commercially reasonable efforts to mitigate damages resulting from a service interruption.

  1. No Control Over Members

  2. As specified in Article 1 (Preamble), Artfox.com makes no claim to have the slightest control over the truthfulness, accuracy and factuality of information posted by Members in their Profiles, Job Posts, or any other documents.

  3. Possibility of Sanctions Against Members

  4. Nonetheless, Artfox.com is allowed, with respect to Members who violate their obligations as set forth in the Artfox.com Web site Terms of Use, and in addition to all other legal or disciplinary action to which it may cumulatively resort, to impose what it considers the most appropriate sanctions.

    These sanctions could include denying the Member concerned access to any or all Artfox.com services without a refund.

    Without incurring any obligation to do so, Artfox.com is allowed to remove part or all of the information posted by Members in their Profiles, Job Posts, or any other document that is incompatible with the purposes sets forth in the Preamble and elsewhere in the Artfox.com Web site Terms of Use.

  1. Artfox.com Liability Waiver
  2. General Conditions of Liability

  1. Waiver of Liability

  2. Artfox.com makes no representations or warranties, express or implied, regarding the accuracy, trustworthiness, completeness, non-infringement or fitness for a particular purpose of the information and services provided on the website. The content of the website is intended solely for information and reference purposes and is provided "as is."

    The act of accessing this information does not create a consultant-client relationship.

    In using the Artfox.com Web site, Members and Visitors acknowledge exposing themselves to the risks associated with any online facilities.

  3. Limited Liability

  4. IN USING ARTFOX.COM SERVICES, MEMBERS AND VISITORS AGREE AND ACCEPT THAT IN NO EVENT ARTFOX.COM, ITS SHAREHOLDERS, OFFICERS, DIRECTORS,EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING WITHOUT LIMITATION :

    • THE LOSS OF PROFITS OR CLIENTS;
    • COMMERCIAL DAMAGE;
    • THE LOSS OF DOCUMENTS;
    • THE PRESENCE OF A VIRUS OR SOME OTHER ATTEMPT TO INFLICT DAMAGE;
    • THE PUBLICATION OF INAPROPRIATE OR ILLEGAL MATERIAL;
    • LOSSES DUE TO A SERVICE INTERRUPTION.

    Arising out of or relating to the use of the Website or the services provided by Artfox.com regardless of whether the cause of action is in contract, tort or any other legal theory and even if Artfox.com has been advised of the possibility of such damages.

    Members acknowledge having been sufficiently informed that Artfox.com serves solely as a facilitator and that some of the Web site functionality is impossible to guarantee.

    1. With Respect to Profiles, Projects, Quotes and Other Documents

    As specified in Articles 3) a) i) and 4) b), Artfox.com has no control over the documents posted by Members, whether in their Profiles, Job Posts, or any other documents. Artfox.com does no methodical verification in this regard and cannot ensure the validity of a Member's claims or identity.

    Consequently, Members are entirely responsible for the Profiles, Job Posts, and other documents they publish and Artfox.com cannot be held liable for any such information published by Members on the Web site.


General Obligations of Members

  1. Right to Use the Web Site

  2. Every Member is granted a non-exclusive, personal, non-transferable license for limited use of the Artfox.com Web site in accordance with the purposes set forth in the Preamble.

    If one or several representatives are authorized to act on behalf of a corporation and these representatives changes, the information must be updated by one of these representatives in the section Me!> Edit, by entering the new representative's contact information.

  3. Truthfulness of Declarations

  4. Although Artfox.com is under no obligation to verify the claims Members make in their Profiles, Job Offers, or any other documents (see Article 3) a) i)), Members declare using solely information that characterizes them truly and accurately and that reflects their real identity. Any behavior contrary to this is considered an act of disloyalty that entitles Artfox.com, at its own discretion, to impose what it considers appropriate sanctions.

    Members also declare that all the information they provide Artfox.com with in filling out the Membership Account form is truthful and accurate.

    Members are responsible for updating their Profiles, Accounts and any other documents with any changes that may be required to the information therein.

  5. Forbidden to Post Contact Information

  6. Members are not allowed to make their contact information publicly accessible in any document they post on the Web site, whether in their Profile, Job Posts, or any other documents. This rule applies to all types of contact information, including e-mail addresses, telephone numbers, fax numbers and instant messaging software (ICQ, AIM, Messenger, etc.).

    If one or several representatives are authorized to act on behalf of a corporation and these representatives changes, the information must be updated by one of these representatives in the section Me! > Edit, by entering the new representative's contact information.

    Members may post the URL address of their Web sites only in the field clearly identified "Web site," which is provided for this purpose in the Profile. This URL address is not displayed to Artfox Visitors. It is displayed to Artfox Members and when they are part of the same network - to Artfox Members.

  7. Obligation to Use the Artfox.com Web site with Loyalty and in Good Faith

  8. To contact another Member, Members must use the communication framework provided by the Web site.

    Any attempts by Members to post their contact information publicly on Artfox.com in order to bypass the use of Artfox.com services is considered to be a dishonest act. Artfox.com, at its own discretion, may therefore impose what it considers appropriate sanctions.

    Members are under the obligation to communicate with other Members in a courteous and diligent manner. For example, they must convey, in a timely manner, their decision whether or not to continue a business relationship with another Member, rather than leave the Member in suspense.

  9. Limits on Use of the Artfox.com Web site

  10. The Artfox.com Web site may only be used in keeping with the purposes of a Web site intended for self-employed workers. Thus, by way of example, Members are specifically forbidden to engage in any of the following activities :

    • Using the functionality of the Artfox.com Web site contrary to the purposes set forth in the Preamble;
    • Publishing inappropriate or illegal material on Artfox.com, including but not limited to, escort services, dating services or any services of a sexual nature;
    • Using the Artfox.com Web site functionality to send any form of unsolicited e-mail (spam) to other Members;
    • Using the Artfox.com Web site in any manner liable to undermine its operation, confidentiality and security;
    • Sending documents containing viruses that could inflict damage.

  11. Responsibilities and Obligations with Respect to the Legality of Members' Actions

  12. Individual Members are solely responsible for the consequences of their actions and use of Artfox.com services. In addition to this exclusive responsibility, Members must ensure that their actions and behavior comply with the laws, regulations, codes of ethics and contracts applicable to their situation.

  13. Security

  14. Each Member must exercise due diligence in the safekeeping and use of their personal passwords and compliance with the other security measures established for use of the Artfox.com Web site. Members are also obliged to ensure that all documents they send are free of any viruses or files that could inflict damage.

  15. Capacity

  16. Individual Members and persons responsible for corporate Members must be at least eighteen years of age.

  17. Change in Membership Category

  18. All Members must fulfill the obligations associated with the general status of Member. They must also adhere to the specific obligations associated with the different membership categories: Artfox Visitors (Article 5); and Artfox Member (Article 7).

    In its relations with Artfox.com, Members who change their membership categories are considered to have accepted the entire Artfox.com Terms of Use without the need for a new agreement.


General Provisions

  1. Governing Law

  2. Members and Visitors acknowledge that any dispute that may arise between them and Artfox.com will be subject to the exclusive jurisdiction and venue of the provincial and federal courts located in the province of Quebec (district of Montreal).

  3. Court Jurisdiction

  4. Members and Visitors acknowledge that any dispute that may arise between them and Artfox.com will be judged
    in the district of Montreal, Quebec.

  5. Amendment of the Artfox.com Web Site Terms of Use

  6. Artfox.com retains the right to amend, from time to time, the Artfox.com Web site Terms of Use. In that event, Artfox.com will change the last updated date on the top of the page and will post a notice to all Members through Artfox's messaging system for each new version of these terms posted on its Web site. Pursuant to such notice, Members undertake to examine the amended provisions. Your use of the Web site following any such amendment constitutes your agreement to follow and be bound by the Terms of Use.

  7. Whole and Entire Artfox.com Web Site Terms of Use

  8. Members and Visitors acknowledge that their acceptance of the Artfox.com Web site Terms of Use also subjects them, by way of reference, to the Artfox.com Web site's Privacy Policy. These two documents constitute the whole and entire agreement between Members or Visitors and Artfox.com.


Intellectual Property

  1. Scope of Intellectual Property Protection

  2. Artfox.com has a variety of tools, documents, software, identifying marks, logos, processes and other developments that meet the criteria of a work protected by Canadian and international legislation governing intellectual property (collectively the "Content"). All Members and Visitors agree to comply with these provisions and to make every necessary effort to do so. Members and Visitors are not allowed to reproduce, distribute or otherwise use any of this protected material. No right, title or interest in any Content is transferred to Members or visitors as a result of the use of the Web site.

    Nonetheless, Members or Visitors are allowed to add the Artfox.com Web site logo as provided by Artfox.com and unamended on a Web site for which they are responsible. In all cases :

    • The logo must be removed immediately should Artfox.com so request

    This tolerance is extended by Artfox.com with sole responsibility borne by Members or Visitors who decide to add the logo to their Web site.

  3. Hypertext Links

  4. Members or Visitors may add a hypertext link to the Artfox.com Web site on a Web site for which they are responsible.

    In all cases, a hypertext link to one of Artfox.com's pages must be removed immediately should Artfox.com so request.

    This tolerance is extended by Artfox.com with sole responsibility borne by Members or Visitors who decide to add the
    hypertext to their Web site.

  5. Content provided by Members

  6. Members provide content that is accessible on the Artfox.com Web site (Profiles, Job Posts, Messaging System, etc). Members and Visitors are not allowed to reproduce or disseminate content provided by other Artfox.com Members without their consent.


Protection of Personal Information

The Member has read the Artfox.com Privacy Policy. In using the Web site and accepting these Terms of Use, the Member at the same time agrees to accept the terms and conditions set forth therein.

Should a Member wish to remove some of the Personal Information considered mandatory on the Artfox.com Web site, closure of the Member's account may be necessary.

(last update on June 15th 2009)