Preamble and definitions
1. "iThèque" means both iThèque service and the iThèque multimedia platform.
2. "Content" means the entire and complete catalogue available on iThèque (works, images, logos, and information relative, but not exclusive, to the works).
3. You can have access to iThèque on the condition that you agree to respect the terms and conditions of us.
4. You can access iThèque according to the procedures chosen by the library you belong to. The procedure and conditions for subscribing to the library are established by the library only. It is your responsibility to find out what are the procedures and conditions of your library and to respect them.
5. iThèque offers users a vast multimedia catalogue linked to interactive tools. Unless otherwise indicated, all catalogue updates and any improvements made to the services fall under these conditions of use.
6. To be able to have access to iThèque, you must be connected to the Internet, either directly or through systems that have access to content available on the Internet, with the understanding that any corresponding fees are your responsibility.
7. You must have all necessary equipment, including a computer and a modem or other device for establishing a connection, to be able to connect to the Internet.
8. For best use of the platform and, therefore, consultation of its content, you may require certain software, available free on the Internet. It is your responsibility to obtain this software.
9. These conditions of use of service constitute the entire agreement between iThèque and the user as concerns the use of the service. In addition, you may be subject to further conditions of use specific to certain services, third-party content and software, which will be presented to you when you access the services, content, or software.
10. iThèque is governed by the conditions, measures, rights, guarantees, and limitations described in this document. Using the services offered by iThèque implies that you shall respect these conditions, measures, rights, guarantees, and limitations, and constitutes a service contract between the user and iThèque. These conditions, measures, rights, guarantees, and limitations can be modified at all times by iThèque, without notice.
User account
1. When you register, you will receive a username and a password, either by e-mail or from the library personnel who proved you with access to iThèque.
2. It is your sole responsibility to safeguard any confidential information pertaining to your username and password.
3. You are solely responsible for any actions that might be taken under your username and password.
4. You agree to immediately notify iThèque of any unauthorized use of your user account and any breach of security, and ensure that you exit from your account at the end of each session.
5. iThèque shall not be responsible or liable for any loss or damage arising from your failure to comply with these obligations.
Availability of service
1. The iThèque service can be accessed at all times. Maintenance and updates may need to be performed, during which time the iThèque service and access to it may be temporarily interrupted for a few hours.
2. As part of maintenance and update operations, iThèque reserves the right to temporarily and at any time modify or interrupt a part of or all the service without notice to users, or to permanently interrupt a part of or all the service with prior notice to users.
3. iThèque shall not be responsible or liable for any loss or damage incurred to you or to any third party as the result of modification, termination, or interruption of the service.
General rules of use
1. You acknowledge that iThèque can establish general rules and limits concerning use of the service, including, without limitations, determining the maximum number of days electronic messages, messages posted in forums, or any other downloaded content will be saved.
2. You also acknowledge that iThèque is free to modify these general rules at any time. It is therefore recommended that you refer to them regularly.
3. The iThèque service must be used in full compliance with the laws and regulations in force, as well as intellectual property rights. All content obtained via iThèque is meant for personal use only. The provisions concerning the respect for intellectual property are described in the “Proprietary rights” paragraph.
4. Users must behave ethically so as not to tarnish iThèque\’s image or hinder its efficiency. They must acknowledge and comply with the following: security measures, privacy policy, electronic instructions, and limitation of liability.
5. You agree to show moderation concerning the use of the platform, notably concerning the downloading of digital works. It is your responsibility to find out from your library or the iThèque service what the download limits are.
6. Any abusive use of the service, particularly as regards downloading, could result in a temporary or permanent suspension of access to the service.
Links and external resources
1. The iThèque service may provide or third parties may include links to other Web sites or Internet resources.
2. Since iThèque has no control over the integrity of these external sites and resources, you acknowledge that iThèque is not responsible for their availability, nor can it assume any responsibility for the content, advertising, products, services, or any other materials made available by or through such external sites or sources.
3. You acknowledge that iThèque is not liable for any loss or damage caused or alleged to be caused by, or arising in connection with, the use of or reliance on the content, products, or services made available on these outside sites or sources.
Termination
1. You acknowledge that iThèque has the right to terminate all or part of your access or your account if iThèque has good reason to believe that you have violated or acted inconsistently with the letter or spirit of these terms and conditions of use.
2. In the event that you act inconsistently with the letter or spirit of these terms and conditions of use, iThèque can, at its sole discretion and at any time, temporarily or permanently discontinue your access to iThèque, without notice. You acknowledge that iThèque has the right to immediately and at any time deactivate or delete your account.
3. You acknowledge that iThèque shall not be responsible or liable to you or any third party for any termination of your access to the service.
Proprietary rights
1. Any content provided on iThèque is offered legally and its distribution is subject to agreements or contracts between iThèque and the content supplier, who holds any rights.
2. You acknowledge and accept that iThèque service and any necessary software used in connection with iThèque may contain proprietary and confidential information that is protected by applicable intellectual property law and any other laws in force.
3. You further acknowledge that the content of the platform and information presented to you through the service are protected by copyrights, trademarks, patents, or other proprietary rights and laws in force.
4. Except as expressly authorized by iThèque, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service or the software, in whole or in part.
5. iThèque grants you, through your library, a personal, non-exclusive and non-transferable right to use the content of the platform, provided that you do not (and do not allow any third party to) copy, modify, or create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code (except as permitted by law), sell, assign, sublicense, or otherwise transfer in any way any right related to the content.
6. You agree not to modify in any way the platform, notably (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by iThèque for this purpose.
7. All logos on the iThèque platform, all elements of the graphic design and layout, and all content are available for personal use only.
8. It is prohibited to use the logos and information on iThèque for commercial or promotional purposes. It is also forbidden to use these elements to further a potential transaction with current or prospective clientele.
9. iThèque reserves the right to temporarily or permanently deny access to the service by any user (individual, enterprise, or institution) that does not comply with the conditions, measures, rights, and limitations described in these terms and conditions of use.
Warranties and limitation of liability
1. You accept that your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. iThèque makes no warranties, either express or implied, as to the quality of the service or its fitness for a particular purpose, or as to the non-infringement of the service\'s terms and conditions of use by users.
2. You acknowledge that iThèque guarantees neither that the service will meet your requirements nor that the quality of the platform’s content will meet your expectations.
3. You acknowledge that iThèque makes no guarantee that the service will be uninterrupted, timely, secure, or error-free.
4. No advice or information, whether oral or written, obtained by you from iThèque or through or from the service shall create any warranty not expressly stated in this agreement.
5. You acknowledge and accept that, to the maximum extent permitted by applicable law, iThèque shall not be liable for any direct or indirect damage arising out of the use of or, on the contrary, from the impossibility of using the service, subsequent to unauthorized access to the service by a user, resulting from statements or conduct by any third party on the service.
6. You agree to exercise caution when you consult, print, or use any content presented on iThèque.
7. iThèque shall not be responsible or liable for and direct or indirect damage arising from one of the following situations: interrupted service, file corruption, pirating, delays, user error, or defects.
Jurisdiction
Relations between users and the iThèque service are governed by legislation enforceable in Quebec. In case of legal dispute or challenge, the Quebec courts prevail.
