TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING CONDITIONS OF USE CAREFULLY BEFORE USING DIVINE.CA OR IDIVINE.CA (Collectively, “divine.ca” or “the Site”). ANY FAILURE ON YOUR PART TO COMPLY WITH THESE CONDITIONS OF USE MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT, THE DELETION OF CONTENT THAT YOU HAVE POSTED ON THE SITE, AND ALL OTHER RELATED PRIVILEGES.
1. ACCEPTANCE OF CONDITIONS OF USE
1.1. By accessing divine.ca, you acknowledge having read and understood these Conditions of Use and, accordingly, you agree to abide by them as well as any future modifications which may be made, whether or not you are a registered member of divine.ca. These Conditions of Use represent an agreement between you and 6617646 Canada Inc. D.B.A Divine.ca.
1.2. These Conditions of Use may be subject to change, addition or deletion at any time without further notice. Any such change will be posted on this page. It is your responsibility to regularly check the Site to determine if there have been changes to these Conditions of Use and to review such changes.
1.3. Your continued use of the Site after any such changes constitutes your acceptance of the new Conditions of Use. If you do not agree to be bound by these Conditions of Use, do not use or access (or continue to use or access) the Site. In addition, should you consider any future amendments made to these Conditions of Use to be unacceptable, you can cancel your account with us at any time.
2.1. Divine.ca operates from
3. CHANGES IN INTERNET SITE
3.1. Divine.ca may modify, cancel or terminate any item contained in its site, at any time, including the availability of any function, database or content. divine.ca may also impose limits on certain items or restrict the access to certain sections of its site without prior notice and without incurring its liability.
4. PERSONAL USE
4.1. All the items contained on divine.ca are offered for your personal use for non-commercial purposes. It is prohibited to use the items contained in divine.ca for commercial or advertising purposes without the written consent of divine.ca.
4.2. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.
5.1. Membership in divine.ca or idivine is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who have the permission of a parent or legal guardian. Any registration by anyone under 13, or by anyone who is under 18 and does not have the permission of a parent or legal guardian, is unauthorized, unlicensed and in violation of these Conditions of Use. By using the Site, you represent and warrant that you are 13 or older and have the permission of a parent or legal guardian, or else that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement.
6. REGISTRATION AND SECURITY
6.1. When you register to divine.ca, you will be required to provide divine.ca with the following information: your name, e-mail address, address, postal code, province, country, gender, birth date, user name and password. In addition, you may choose to provide divine.ca with additional information, such as telephone number.
6.2. When you register, you must select a password and a user name. You cannot (i) choose or use someone's password with the intention of pretending to be that person; (ii) use a password in which someone else has rights, without that person's authorization.
6.3. You are responsible for maintaining the confidentiality of your password and user name. You should notify divine.ca of any known or suspected use of your account, or of any known or suspected breach of security.
6.4. You are fully responsible for any use of your account on divine.ca. Divine.ca cannot be held liable for the unauthorized use of your account or for any loss or damage arising in particular from the non-compliance with the security measures mentioned in this section.
7. USER CODE OF CONDUCT
7.1. Since any communications which are part of forums, comments areas, expert questions and answers, blogs, profiles, groups, and message boards, (collectively know as “Public Areas”) are public and not private, you should abide by the rules set forth below:
7.1.1. Divine.ca will not tolerate personal attacks on others. While debates and discussions are fine, it important to remain respectful and thoughtful at all times. Harassing, offensive, vulgar, abusive, insulting, rude, hateful or bashing communications -- especially those aimed at sexual orientation, gender, race, color, religious views, national origin, or disability -- will not be permitted.
7.1.2. Unpaid advertising, spamming, and/or soliciting are not allowed on all Public Areas. This includes using the Site’s email and Private Message System to spam other members. You cannot post any affiliate or referral links, or post anything asking for a referral. Such posts will be subject to removal.
7.1.3. Discussion of illegal activities such as, but not limited to, software and music piracy and other intellectual property violations are not allowed.
7.1.4. Engaging in any predatory or stalking conduct is strictly prohibited on the site.
7.1.5. You may not post or share any personally identifiable or private information of any third party on divine.ca.
7.1.6. Talk of sex is permitted and encouraged in certain parts of this site. However, posts or comments that contain explicit, obscene or vulgar language and/or descriptions will be removed (unless it is deemed acceptable by Divine.ca administrators.) Posts that solicit or offer explicit or pornographic files (images, URLs, etc.) will be deleted without notice.
7.1.7. Divine.ca strongly encourages you to keep your personal information personal. Do not post your address or telephone number on any Public Area. Similarly, do not ask for personal information from others. Such posts may be removed unless they were pre-approved by the Divine.ca team.
7.1.8. Posting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment is strictly prohibited.
7.2. You declare that you have all the necessary rights, in particular, intellectual property rights, to any material that you submit as a user to divine.ca.
7.3. You acknowledge and agree that you remain the holder of the copyright of all material you submit as a user to divine.ca (e.g. letter to the editor, comments, etc.). Moreover, you acknowledge and agree that by simply submitting your material to divine.ca, you grant it a non-exclusive licence, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute and give sub-licences to such materials. To this effect, you waive any moral right you may assert related to the integrity of your work. Divine.ca will of course be sensitive to your privacy with regard to re-publishing your words. When quoting you, only your divine.ca member name will appear.
7.4. You acknowledge and agree that you are personally liable for the content of your messages in the Divine.ca Public Areas, and for the consequences thereof.
7.5. Divine.ca reserves the right to prohibit or delete posts that are thought to violate applicable law, or that may be offensive or harmful to other members or to divine.ca, without notice. We also reserve the right to ban anyone who wilfully violates the site’s rules. In addition, this remains an option and not an obligation.
7.6. You are encouraged to use the “Flag” tool to alert divine.ca administrators of any post or comment that violates this agreement.
7.7. Divine.ca is not responsible for the opinions expressed and advice exchanged in Public Areas; since we are unable to check any facts we cannot guarantee the accuracy of information contained in the posts. Furthermore, divine.ca is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the Conditions of Use of any materials provided by its users.
7.8. You agree not to use the site to harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
7.9. You agree not to use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
7.10. These rules cover most common situations, but they cannot anticipate everything. Consequently divine.ca reserves the right to take any actions it deems appropriate to ensure the site is not disrupted or abused in any way. That said, divine.ca cannot possibly control all conduct or communications that may violate this agreement, nor can it guarantee the immediate removal of all offending threads.
8. USER DISPUTES
8.1. You are solely responsible for any interaction with other divine.ca users or visitors. We reserve the right, but have no obligation, to monitor disputes between you and other users.
9.1. Divine.ca contains hyperlinks to Internet sites managed by third parties. By activating these links, you may have to leave divine.ca. Divine.ca has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and divine.ca cannot make any declaration whatsoever concerning the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question. The fact that third party sites are identified on divine.ca should not in any way be interpreted as an endorsement by divine.ca and does not incur its liability in any way. Divine.ca cannot be held liable for possible damages arising from the use of these sites. All complaints about third party sites should be addressed to the administrators of those sites.
10. INTELLECTUAL PROPERTY
10.1. The trademarks and logos used or posted on divine.ca are trademarks and logos registered or used by divine.ca or third parties. Nothing on divine.ca may be interpreted in such a way as to allow, directly or indirectly, the use of such trademarks or logos by you without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on divine.ca for commercial or advertising purposes or to increase the number of visitors to your site.
10.2. All the items on divine.ca (including, without limitation, the texts, articles, photographs, images, illustrations, audio and video excerpts, software, etc.) are protected by copyright and belong to divine.ca or third parties acting as content providers. Except for certain clearly stated exceptions, no items on divine.ca must be interpreted as giving you any right whatsoever with regard to the intellectual property of divine.ca or of a third party acting as a content provider.
10.3. Subject to section 10.2 hereof, you may not copy, reproduce, modify, publish, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item offered on divine.ca (including any software), in whole or in part.
10.4. You can download or copy only for your personal use for non-commercial purposes items from divine.ca provided you maintain all the intellectual property notices they contain. Copying or memorizing any item for purposes other than personal use is strictly forbidden without the prior written permission of divine.ca.
11.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to divine.ca are non-confidential and shall become the sole property of divine.ca. Divine.ca shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. REPRESENTATIONS AND WARRANTEES
12.1. You hereby indemnify, defend and hold divine.ca, its directors, officers, senior executives, shareholders, employees, affiliated businesses, representatives and content providers harmless from and against any and all monetary condemnation in principal, interest, legal and extrajudicial costs and any other damages, including but without limitation, all reasonable legal costs incurred by divine.ca related to any claim, proceeding, action or stay (“Claim”) ensuing from the non-compliance, by you or any other user of your account, with these Conditions of Use. Divine.ca reserves the right to participate in the defence of any such Claim and to be represented by an attorney of its choice.
13. LIMITATION OF LIABILITY
13.1. Divine.ca is offered to you on an “as is” basis and at no charge by divine.ca, without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, use, availability, validity, accuracy, reliability of the items reproduced on divine.ca or as to the results ensuing from the use of such items. You hereby acknowledge and agree that your use of divine.ca is at your own risk.
13.2. Divine.ca does not warrant or make any representations regarding the correctness, accuracy, or reliability of, nor does it endorse, the materials, information, opinion or advice provided in or from this site.
13.3. Divine.ca disclaims all liability related to any error which may be found on its Internet sites. Thus, divine.ca and any third party providing content on divine.ca, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of divine.ca.
13.4 The information provided on divine.ca is intended for your entertainment and/or general knowledge only. Divine.ca is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither divine.ca nor its members, while such members are participating in divine.ca, are engaged in rendering legal, medical, counselling or other professional services or advice. Divine.ca encourages you to seek appropriate professional advice or care for any situation or problem which you may have.
15.1. You can cancel your account at any time by accessing the “Profile Editor” section of the site at the following address: www.divine.ca.
15.2. Divine.ca can, at its sole discretion, cancel or suspend your account in whole or in part for any reason, including but not limited to, the non-compliance with these Conditions of Use.
16. HOW TO CONTACT US ABOUT THIS POLICY
16.1. Should you have any questions regarding these Conditions of Use, you can reach us at the following address:
4810 rue Jean-Talon O. suite 203
Montréal, QC H4P 2N5
Date of Last Revision: January 17, 2013