Introduction, definitions and acceptance
- "Device" means the mobile device or tablet on which or that you download the application and use the Services.
- "Services" means software services developed by Publicatique allowing you to locate, access and retrieve information used through the website or application. Services are more fully defined in the Terms of Service.
- "Website" means the website available at https://mdc.publicatique.com/ which is owned and operated by Publicatique, and includes all the present and future subdomains.
- "Publicatique" means Publicatique, a duly incorporated company. In this Policy, "Publicatique" may refer to its employees, officers, directors, contractors, agents or representatives, depending on the context. The use of "we" or "our" in the Policy will also refer to Publicatique. A website visitor or user of services may be designated in the Policy with the pronoun "you." When a user of the Services has created an account and is connected, it will be designated by the terms "User".
By visiting the website, using the Services or the Website, or downloading, using or accessing the application on your device, you agree to be bound (e) by the Terms without reservation, modifications, additions or deletions . If you do not accept all provisions of the Terms, you are not allowed (e) use the Website or the Services. If you downloaded an application and you do not accept all the provisions of the TOS, you must delete the application from your device. The TOS is a legal and binding contract between you and us.
As part of an application, the UGC can be likened to an "End User License Agreement" or "EULA" and are equivalent.
Publicatique reserves the right at any time and without notice, to modify or replace the Terms. Any changes to the Terms will be posted at this URL. It is your responsibility to periodically review the Terms to be informed (e) changes. Your use of the Website and / or the application after the display changes to TOS constitutes acceptance of those changes. In case of substantial change to our Terms affecting significantly relationship, you will be notified (e) during your next connection to the Services or by email / email.
If you have questions about the Terms, please contact:
Publicatique Legal Services
General code of conduct governing the use of the Website and Services
By visiting the website and / or using the Services, you agree to:
- Do not use the website or the way services not comply with these TOS
- Do not use the website or the way services to violate intellectual property rights
- Do not use the website or the way services to spread spam (spam), including advertising, email / e-mails and mass mailings by unsolicited electronic, including links to a spam site or phishing
- Do not use the website or the way services to spread a virus, Trojan horse, worm or other code, files or programs, malicious or not, aiming to damage, overloading, limit or disrupt in any way the operation of any computer software or hardware or telecommunications owned Publicatique or a third party, ordamage any system, data or other information (whether personal or not ) of Publicatique, other users of the Services or any other third party or get it from unauthorized access
- Do not: (1) take any action that imposes or may impose, in the sole discretion of Publicatique, an unreasonable or disproportionately large load on Publicatique technological infrastructure (or its third party suppliers); (2) interfere or attempt to interfere with the operation of the Website or the Services or any activities conducted on the website or through the Services; (3) bypass any measures taken by Publicatique to prevent or limit access to the Website or the Services or any of their elements; (4) use software, device or other manual or automated process to browse or scan the entire Web page or application; or (5) collect or harvest unreasonably content of the website or application
- Use the Website and / or in good faith and services in a manner that complies with all laws applicable to local, cantonal, national and international.
Using the Application
- You can not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), or interfere with the use or enjoyment by a third Application (or servers or networks connected to the Application).
- You agree that you (a) one (s) responsible for your use of the Application, any breach of your obligations under the Terms and for the consequences of such breach (including any loss or damage, direct or indirect, pecuniary or not, that could suffer Publicatique) and that Publicatique have no liability to you or any third parties for the above. When a third party uses the application on your device, you (the) only (an) responsible for compliance with Terms and you will be responsible for any breach of theTerms.
- Access and download the iOS App from the Apple iTunes Store or the Android App from Google Play and corresponding recognitions.
- You acknowledge and agree that (i) Terms are entered solely between you and Publicatique, not Apple or Google, and (ii) Publicatique, not Apple or Google, is solely responsible for the application and its contents. Your use of the Application must comply with the conditions of use of the App Store and it is your responsibility to read them from time to time.
- You acknowledge that Apple and Google have no obligation to provide maintenance or support services in connection with the Application.
- Apple and Google have no warranty obligation in connection with the Application. Between Publicatique and Apple or Google, and except as specified and limited below Publicatique is solely responsible for all damages, claims, losses, liabilities, costs or expenses are due to the breach of any warranty.
- You acknowledge and Publicatique between Publicatique and Apple or Google, Apple or Google are not responsible for resolving any claims you or any third party might have in connection with the Application or your possession and use of the Application, including (i) complaints in respect of liability for products;(ii) claims that the application does not comply with any legal or regulatory requirement; and (iii) any claims made under the law on consumer protection or similar legislation.
- You and Publicatique acknowledge that a third party claims that the Application or your possession and use of the Application infringes its intellectual property rights, Publicatique, not Apple or Google, will be solely responsible for the investigation, defense of Regulation and discharge any such claim, as is provided in clause 3 above and elsewhere in the TOS.
- You and Publicatique acknowledge and agree that Apple or Google and its subsidiaries are third party beneficiaries of the Terms regarding your license of the application and that from your acceptance of the TOS, Apple and Google will have the right (and will be deemed to have accepted such a right), as a third party beneficiary to enforce the TOS against you regarding your license Application.
- You acknowledge that (i) you are not located in a country that is subject to an embargo by the United States government or that has been designated by the US government as a country supporting terrorism; and(ii) you are not part of any government list of the United States in respect of persons / prohibited parties or subject to restrictions.
- When using the application, you must comply with all contractual conditions applicable to third parties, without limiting the generality of all the terms of the TOS.
- You acknowledge that the updates to the iOS app and Android app are subject to approval from Apple or Google, and Publicatique and its representatives are not liable for any loss or damage, financial or otherwise, arising out of any delay by Apple or Google in the process of approving updates.
Accounts, Passwords and Connected Users
To use certain features of the Services, you must create an account. Accounts are free and are available to any person who provides the information required. The information required to create an account is as follows: a valid email address, your first and last name, and your phone number. If you want, you can also submit your gender and date of birth. The information submitted will take the name "account data".
When registering your account, you will be asked to choose a password. You are responsible for creating a sufficiently strong password that can not be easily discovered by others, and meets the criteria for passwords that are displayed on the registration form.
If you are a User, it is highly recommended that log out of your account at the end of each session, or not leave unattended connected accounts for any period of time. Publicatique, its affiliates and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively, "Representatives"), can not be held liable for damages or losses, direct or indirect, monetary or otherwise, resulting from the fact that you did not disconnected at the end of the session, a session connected remained unattended, or a third party has used the website with your account data or acceded to your account in any way, and are not responsible for this.
Publicatique reserves the right to terminate your account at its sole discretion at any time and for any reason, particularly if you have violated the letter or spirit of the TOS, as is further described below.
- Description of Services and authorized use, your corresponding responsibilities and exemptions
- Use the Services
Use of the Services can pay and is subject to your responsibility as described in this clause 7 and elsewhere in the TOS. When you use the Services on a device, you are responsible for payment of all data transmission costs from your wireless service provider or other data provider.
The MDonCall Guide services are available through the Application MDonCall Guide and website.
You acknowledge that (a) the Application and website contain e proprietary information that is protected by applicable laws on intellectual property and other laws, and (b) Publicatique and / or third parties own all rights, title and interest in and to the Application and the Web site as well as content that can be presented or which it can be accessed through the application or website, including including all intellectual property rights attached to them. The Application is licensed and you acknowledge that no title or ownership of the application is transferred or assigned to you and the Terms shall not be construed as a sale of any right relating to the Application. Any rights not expressly granted under the TOS are for Publicatique and its licensors. "Intellectual Property Rights" means all rights that may exist from time to time under patent law in copyright, laws on trade secrets, trademark law, the law on unfair competition and other rights of property, and any application, renewal, extension, recovery, in force now or in the future of the world.
You agree not to (and to not allow a third party to): (i) copy, sell, license, distribute, transfer, modify, adapt, translate or decompile the application or Web site, or content that may be presented or which it can be accessed through the application or website, disassemble them, or prepare derivative works thereof, or perform reverse engineering or otherwise attempting to obtain the source code from the Application or the website for any purpose whatsoever, unless you have been authorized to do so; (ii) take any action to circumvent or defeat the security policies deployed or imposed by any functionality contained in the application or Web site; (iii) remove, obscure or alter any copyright notice, trademark or other proprietary rights of any third Publicatique or affixed in the application or Web site content in them, or to which access was made in connection with the application or website or through them.
The content, assembly, and the layout of the website and the Application, including trademarks, photographs, logos, videos, audio, images, text (as plain text, HTML or PDF documents) and computer code owned Publicatique, either through ownership or under license, and it is prohibited to copy, imitate, reproduce, display, distribute, transmit, decompile or use them in any other way without Publicatique the express permission of, or as permitted by the functionality of the website or application or TOS. Any unauthorized use of the content, assembly or graphic presentation of the website or application, computer code, images, logos, videos, audio files or trademarks found on the website or Application or derivative works thereof may violate civil or criminal laws, including laws relating to intellectual property, and Publicatique can act accordingly.
If you want to send us your ideas for improvements to the Website or the Services (collectively, the "feedback") Publicatique own all rights, title and interest to feedback and will use the feedback without restrictions. Hereby irrevocably grant to Publicatique all rights, title and interest in and to feedback you give, for Publicatique, its successors and assigns, and all moral rights to feedback; Furthermore, you agree to provide Publicatique all the assistance it might need in order to justify, refine and preserve its rights related to feedbacks. You acknowledge and agree that by providing feedback to Publicatique, you have no right in case a refund or any compensation. Apple and iOS are trademarks of Apple Inc.; Android is a trademark of Google Inc.
On occasion, it may be that the Website or the services are inaccessible for short periods due to the maintenance of the website or services or their modification. While we strive to minimize the duration of these interruptions, Publicatique and its representatives can not be held liable for damages or losses, direct or indirect, pecuniary or otherwise, resulting from the interruption of the normal functioning of the website or Services and disclaim any liability in this regard.
Removal of gold Services website and termination of the Terms
Publicatique may also in its sole discretion and at any time, without notice cease providing the Website or the Services, in whole or in part. Furthermore, you agree that Publicatique shall not be liable to you or any third party for damages, monetary or otherwise, arising from the removal of access to the Website or the Services or the removal of the Website or the Services by Publicatique in whole or in part.
The removal of the Website or the Services or your access to the Website or the Services will end with these Terms agreed between you and Publicatique. All provisions of these Terms which by their nature, are expected to survive their termination shall survive the removal of the website, including the provisions relating to intellectual property, the disclaimers, indemnification and the limitation of liability.
In no event Publicatique can not be held liable for direct or indirect damages, monetary or otherwise: (1) related to the use of websites or other services whose links are posted on the Web site or application or information contained therein; (2) associated with any virus, Trojan horse, worm or other destructive file received as a result of the use of these web sites or services; (3) caused by the use of any content, product or service (free or not) offered on websites or services whose links are posted on the website or through them or because of the reliance on the content, product or service; or (4) resulting from the intervention of the operators of these websites or services.
Disclaimer of Warranty
You expressly understand and agree that use of the Website or the services and information they contain (or Publicatique provided by a third party) or any activity resulting from the use of the Website or services or information they contain or documents downloaded from these is at your own risk. The website or the Services, the documents downloaded from these or any third party equipment, are provided as is and as available, and you are alone (e) responsible for any damage to your computer system or loss of data resulting from downloading, transmission or access to materials obtained by the use of the website or the Services or any other feature of the Services website, or any damage or loss (monetary or otherwise ) from (i) your use of the website or the Services, the information it contains, documents downloaded from the website or (ii) any activity resulting from the use of the website or the Services, information they contain or documents downloaded from them.
The information and resources provided on the Website or the services that were written or produced by the staff of Publicatique, freelance writers and other subcontractors are deemed as accurate as possible at the time of writing or producing, and every effort was made to ensure that the information provided on the website or through the Services is as accurate and current as possible. Information can however change and it can occur any errors or omissions, and Publicatique can not be held liable for damages or losses, monetary or otherwise, resulting from changes to information or misinformation or omissions on the website or through the Services.
Publicatique expressly disclaims all warranties, express or implied, including warranties of title and non-infringement, warranty that the Website or the Services, the information they contain or documents downloaded from these and all third material will be provided uninterrupted, error-free, accurate, reliable and free of viruses or other malicious components and the implied warranties of merchantability and fitness for a particular purpose. Publicatique and its directors, officers, employees, agents, suppliers, partners and subcontractors do not guarantee: (i) that the website is safe or accessible for hours or to a particular place; (ii) they will correct any faults, errors or omissions; (iii) that any content or software available on the website or through is free of viruses or other malicious components; or (iv) the results of the use of the Website or the Services or content downloaded from these will meet your requirements.
Limitation of liability
Publicatique is not responsible and assumes no liability for loss or damage arising directly or indirectly from the information contained on the website or available through the Services or documents downloaded from those -ci, activities arising from your use of the website or the Services or third party material found on the website or made available through the Services.
Moreover, under no circumstances Publicatique can not be held liable for any treatment you will receive in connection with the medical services, or any error, omission, delay or any other act or failure to act which may lead to any liability on the part medical services connected to the Services, or their representatives.
To the fullest extent permitted by applicable law, in no event Publicatique, shareholders, officers, directors, employees, licensors, suppliers, subcontractors and agents are not responsible for consequential, special, indirect, punitive or exemplary damages ( including loss of income or profit, loss of or damage to data, loss of use, business interruption or any other pecuniary loss) arising directly or indirectly from the website or the Services of use, misuse or inability to use the website or the Services, although Publicatique was informed of the possibility of such damages. This limitation of liability applies regardless of the procedure: contractual, under warranty, in negligence, in strict liability or under any other legal theory.
Notwithstanding any other provision in the Terms, in any case Publicatique overall responsibility for any claim relating to your use of the Website or the Services shall not exceed CAD $ 30.
Governing Law and Jurisdiction
The use of the Website or the Services shall be governed and construed in accordance with laws in force in the canton of Schaffhausen in Switzerland, without regard to its conflict of laws. You agree that any suit or proceeding you opposing Publicatique be submitted exclusively to a court in Schaffhausen, Switzerland. This choice of jurisdiction and venue does not prevent Publicatique to seek injunctive relief relating to a violation of intellectual property rights or enforcement or recognition of a decision or order in a relevant jurisdiction.
- Publicatique can not be held responsible for any breach of its obligations under these Terms is such a breach results from a cause beyond the control of Publicatique, including a breakdown or mechanical damage, electronic or communications.