WEBSITE TERMS AND CONDITIONS

The materials on the Real Montreal Food Blog website (hereby referred to as "RMFB"), which may include text, images, audio clips, video clips, software and other materials (the "Content"), are provided by RMFB for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below ("Terms and Conditions"). If you do not agree to these terms and conditions, do not access the Site or download any Content.

1. General disclaimer & limitation of liability:

IN NO EVENT WILL RMFB, THE SITE OWNER, AS WELL AS THEIR AFFILIATED AND ASSOCIATED COMPANIES, THEIR RESPECTIVE ADMINISTRATORS, EXECUTIVES, OWNERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (hereby referred to as the “Group Members”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR FOR LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES AND/OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RMFB intends for the Content on the Site to be accurate and reliable, however, since the Content has been compiled by RMFB from a variety of sources, it is provided to you "as is" and "as available". RMFB and the Group Members ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF VALIDITY, NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The information, applications, products, services and contents featured on this Web site are not intended to provide specific technical, financial, fiscal, legal, business or accounting advice, nor any other form of advice applicable to the user’s specific situation, and we recommend that you consult with your own professional advisors to determine how any information, applications, products, services or contents made available on this Web site apply to your specific situation. The comments and opinions contained in the present website of the RMFB are exclusively those of the original authors and posters. These comments and opinions do not represent those of RMFB nor the Group Members. Furthermore, by entering this website, you accept and recognize that RMFB and the Group Members cannot be held liable, under any circumstance, relating to the comments, opinions and all other writings in the present website. These exclusions are in addition to any specific exclusions otherwise set forth in these Terms. Should the exclusion of certain warranties be prohibited in the jurisdiction whose laws govern the actions of the user, such unauthorized exclusions shall not apply, while all other legal exclusions will persist. THE INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES ANNOUNCED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY PERIODICALLY BE SUBJECT TO CHANGE. THE SITE OWNER, GROUP MEMBERS, AND/OR THEIR RESPECTIVE SUPPLIERS MAY IMPROVE AND/OR MODIFY THIS WEB SITE AT ANY TIME WITHOUT NOTICE.

Links available on the Site will allow you to link to Websites not maintained or controlled by RMFB. RMFB provides these links for your convenience, and is not responsible for the contents of any linked site. RMFB uses reasonable efforts to ensure the accuracy of its Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Website which you may access through the Site. It is your responsibility to ensure that any Website you choose to use is free of potentially destructive items such as viruses.

2. Blogs and forums :

This Web site may include community boards, chat rooms, blogs (maintained by independent bloggers who are in no way linked to RMFB and do not necessarily possess any specific qualifications for the opinions they express) and forums (collectively, “Forums”) allowing for information sharing between the users. Unless otherwise specified, the Site Owner in no way controls the messages, information or files posted on these Forums. The Site Owner however reserves the right to monitor, correct, refuse to display or delete at any time, in part or as a whole, any information or content deemed, at their sole discretion, inappropriate or contrary to the spirit of these Terms, as well as to refuse access of any user to the Site.

Users accessing the Forums shall agree to refrain from engaging in any of the following actions:

  1. preventing another user from using and enjoying the Forums, or limiting their use by another user;
  2. using the name, image, likeness or voice of an individual without their prior consent to any end other than legitimate public information, or to allege or attribute facts that could injure the reputation of an individual without having first confirmed the accuracy thereof;
  3. displaying, posting or distributing content, items, information and/or statements that are illegal, threatening, abusive, slanderous, obscene, vulgar, pornographic, licentious or indecent of any nature whatsoever, or remarks that obviously hint of sectarianism, racism, hate, harassment or that encourage a conduct that would represent a breach of the law, engage civil liability or would otherwise violate a local, provincial, federal or foreign law;
  4. posting, sending or otherwise distributing information, items or content unrelated to the Forum topic or theme, or set up a link to such type of information, item or content;
  5. making available or facilitating the reproduction, public disclosure via telecommunications or other means, publication, distribution or copy, in any way whatsoever, in part or as a whole, of the intellectual property of a third party without the latter’s prior consent;
  6. posting, sending or otherwise capitalizing in any way on information, software and/or content for commercial purposes, or that includes sales or purchasing solicitation, advertising or promotional material; and
  7. using a Forum for any commercial purposes whatsoever; using the available services to conduct or send any survey, contest, pyramidal system or letter chain; sending spam, hacking, or performing any unauthorized or illegal action;
  8. You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site which is protected by copyright, or other intellectual property right, or derivative works thereof, without obtaining permission of the copyright holder;
  9. otherwise use this Site in a manner which is contrary to law or electronic etiquette, or which would adversely impact use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

3. Additional responsibilities of the user :

You therefore commit to using the Forums in compliance with these Terms and in a reasonable fashion. More specifically, you commit to ensuring that none of the messages, conversations, chats and/or other exchanges you will take part of in the Forums are defamatory or by nature breach the right to image or privacy of any person, contain obscenities, feed hatred or otherwise engage the civil or criminal liability of an individual or entity.

You additionally acknowledge the following responsibilities:

  1. Licence – By uploading documents on the Forums, you automatically grant (or warrant that the owner of such content expressly grants) the Site Owner an irrevocable, royalty-free and non-exclusive licence and international right to copy, adapt, operate, use, circulate, transmit, communicate via telecommunications or other means, post, publicly present and distribute the content submitted, and to create compilations and by-products for any purpose whatsoever, by any currently existing or later developed means, medium and technology, including for broadcasting, wireless and online transmissions. Furthermore, you warrant that any person who could possibly own moral rights in regard to such content has waived their right to any form of recourse relative to the use thereof by the Site Owner.
  2. Potential damages – Neither the Site Owner nor its Group Members may be held liable for any damages that could be caused to your computer system as a result of (i) accessing or using this Web site; (ii) using any content from this Web site; (iii) downloading data or software from this Web site. Moreover, neither the Site Owner nor its Group Members will assume any form of responsibility regarding the possibility of illegal access to your computer by hackers, or the quality, reliability, compatibility and timeliness of the services rendered by an Internet service provider.
  3. Responsibilities relative to minors – When you authorize a minor to use this Web site or one of its functionalities, you assume full responsibility in respect to the following: i) the conduct of the minor online; ii) the minor’s access to this Web site or any of its services, and the use made thereof by such minor; iii) the consequences of any use by the minor of this Web site or any of its functionalities. In addition, you acknowledge that some parts of this Web site may include content not suitable for minors. Finally, you acknowledge and recognize that minors are increasingly using Internet services and that, consequently, they can become the targets of criminals or individuals with wrongful intents. Accordingly, you commit to monitoring the use minors are making of your Internet service and to give them advice and safety recommendations to prevent them from being exposed to inappropriate information or comments, or become the victims of harassment or other criminal acts.
  4. Relations with others – You recognize and accept that your correspondence or interactions with third parties, including the merchants and announcers found on this Web site or by means of any of its functionalities, including payment and delivery of related products and services, as well as all other terms, conditions, claims and warranties relative to such transactions, only concern you and the third parties in question. The Site Owner and its Group Members assume no liability of any nature regarding any fees that you or any other user of your account incur by making purchases or proceeding with any other transactions by these means. Furthermore, you assume the sole responsibility to ensure that such transactions comply with all applicable laws. You acknowledge that the Site Owner and Group Members may not be held liable in any way, directly or indirectly, for loss or damages of any nature arising from such transactions or relations, or related thereto.
  5. Warning – When you take part in a Forum, never presume that other individuals are who they present themselves to be, that they know what they are talking about, or that they are associates of the persons they pretend to share any affiliation with. Opinions and comments expressed in the Forums (including the opinions and comments of the bloggers) are those of their respective contributors and do not necessarily represent the views of the Site Owner. The Site Owner and its Group Members may not be held liable for the content or accuracy of any information whatsoever posted in the Forums, and decline any form of responsibility for the trust you place in such information and any decision made as a result thereof.
  6. Webmaster – You are responsible of informing the Webmaster of any illegal, shocking or rights-infringing content so that it may be removed immediately.

The information, applications, products, services and contents featured on this Web site are not intended to provide specific technical, financial, fiscal, legal, business or accounting advice, nor any other form of advice applicable to the user’s specific situation, and we recommend that you consult with your own professional advisors to determine how any information, applications, products, services or contents made available on this Web site apply to your specific situation. The comments and opinions contained in the present website of the RMFB are exclusively those of the original authors and posters. These comments and opinions do not represent those of RMFB nor the Group Members. Furthermore, by entering this website, you accept and recognize that RMFB and the Group Members cannot be held liable, under any circumstance, relating to the comments, opinions and all other writings in the present website. These exclusions are in addition to any specific exclusions otherwise set forth in these Terms. Should the exclusion of certain warranties be prohibited in the jurisdiction whose laws govern the actions of the user, such unauthorized exclusions shall not apply, while all other legal exclusions will persist. THE INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES ANNOUNCED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY PERIODICALLY BE SUBJECT TO CHANGE. THE SITE OWNER, GROUP MEMBERS, AND/OR THEIR RESPECTIVE SUPPLIERS MAY IMPROVE AND/OR MODIFY THIS WEB SITE AT ANY TIME WITHOUT NOTICE.

4. Copyright and trademarks:

All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by RMFB or its content suppliers. You may only use or reproduce the information in the Content for your own personal, non-commercial or educational use.

The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Site, and maintain such notices in the Content.

5. Indemnity:

You agree to defend, indemnify and hold RMFB and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of this Site or the placement or transmission of any information or other materials on this Site by you or users of your account.

6. Changes:

RMFB reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice. The Site Owner may modify or otherwise update the Terms applicable to this Web site from time to time without notice. You accordingly agree to be bound by the Terms in effect at the time you access this Web site.

6. Changes:

RMFB reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice. The Site Owner may modify or otherwise update the Terms applicable to this Web site from time to time without notice. You accordingly agree to be bound by the Terms in effect at the time you access this Web site.

7. Miscellaneous:

Terms and Conditions, including RMFB Privacy Policy and other documents referenced herein, constitute the entire agreement between RMFB and you with respect to your use of this Site. RMFB's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of Quebec and the federal laws of Canada applicable therein.

  1. Viruses

    The Site Owner does not claim or warrant that the information or content, including the downloadable software, accessed from or through this Web site will be free of errors, defects, viruses or other harmful components, that access thereto will be uninterrupted, or that any such issues as they are discovered will be corrected.

  2. Accuracy of information

    The Site Owner may update the information, content or items on this Web site without notice from time to time, but makes no guarantees that any material on this Web site is up-to-date, accurate, error-free or complete.
    The prices of the products and services offered by suppliers and posted on this site, as well as the description of the packages available from their respective suppliers are only indicative, and are based on the information provided to the Site Owner by the suppliers. The price payable for each product or service booked or purchased online is the price listed for that product or service, as declared by the supplier to the Site Owner. The Site Owner shall assume no liability for the information posted on the site in relation to the price or description of any package, in particular regarding the compliance with the conditions of a package of any offer by a supplier. The user undertakes to verify the total cost and description of any offer of a supplier and to be satisfied by such price and description before making any purchase or reservation.
    The Site Owner does not guarantee, in any way, that this information is accurate, error-free or complete. As well, the Site Owner and its Group Members cannot be held responsible for any inaccuracies, errors or incomplete entries in such information and descriptions. Subject to verification with the concerned suppliers, the Site Owner commits to promptly rectifying any inaccuracies, errors or imprecise elements that any person would bring to its attention.

  3. Reservation of rights

    The Site Owner reserves all rights not expressly claimed herein. None of the provisions composing these Terms shall be construed as implicitly, exclusively or otherwise granting any licence or right under a copyright, patent, trademark, or any other intellectual property right of the Site Owner or any other individual or entity.

  4. Jurisdiction

    This Web site is controlled and operated by the Site Owner from Montréal, Québec, Canada. The Site Owner makes no claims whatsoever in regard to the relevance or availability of the Web site content for use in other jurisdictions. Any individual who chooses to access this Web site from other locations does so of their own accord, and is responsible to comply with all local laws, to the extent to which they apply.

  5. Applicable law

    This site is controlled and operated by the Site Owner from Montréal, Québec, Canada, and these Terms are governed by the laws of the Province of Québec as well as all applicable Canadian laws, without regard to conflict-of-law principles. You agree to be bound by these laws and to submit to the authority of the courts of Montréal, Québec, Canada, in respect to the interpretation or application of these Terms.

  6. Non-waiver

    Default from the Site Owner to ensure the strict application of any right or provision under these Terms shall not be construed as forfeiture of such right or provision.

  7. Confidentiality and privacy policy

    The use of some of the services and functionalities offered by RMFB on this Web site require that the user become a member of RMFB. Should you decide to register or subscribe to services or functionalities available on this Web site, you will be required to supply a minimum of personal information. This text details the Confidentiality and Privacy Policy developed by RMFB (the “Policy”).

    In addition, when you browse this Web site, RMFB collects some technical data from your computer. By using this Web site, you consent to the collection and use of such information. Should you disagree with this Policy your only remedy consists in discontinuing the use of the Web site.

    RMFB collects identifiable personal information in the following cases:

    1. When you register as a RMFB member and create a user profile :
      RMFB collects your username, password, city, country, postal code, email address, age range, description and preferences when you register to become a member of our Web site. RMFB may also collect information about each user’s specific preferences or needs.
    2. When you contact RMFB :
      RMFB collects personal information such as your full name, member identification number, email address, and/or contact number whenever you submit a question or suggestion, or ask for help logging on to or accessing your RMFB account.
  8. Laws governing the protection of personal information

    The RMFB Web site is published in Québec, Canada. This Policy was therefore drafted in accordance with applicable Canadian laws, among others, the Personal Information Protection and Electronic Documents Act and the Province of Québec’s Act respecting the protection of personal information in the private sector.

  9. Use of personal information

    Identifiable personal information is that which refers to and serves to identify an individual. Unless required by law or a court order issued by a competent tribunal, RMFB preserves the confidentiality of all personal information obtained about users of its Web site. RMFB does not sell or lease your identifiable personal information to anyone.

    The information collected by RMFB through the Web site with user consent is stored in a database, and is only used for sending users paper-based or electronic documents, responding to their information requests, forwarding a booking, or product or service purchase requests to a supplier or service provider, subscribing to the RMFB newsletter, and compiling mailing or survey lists. This information also helps us understand user habits and interests in view of serving them even better in the future.

  10. Disclosure of personal information

    RMFB does not disclose any personal information relative to a user unless it is used exclusively to answer a specific user request or is intended for explicitly authorized purposes. Furthermore, the confidentiality of electronically transmitted information is ensured by use of stringent security measures.

    Please note that RMFB reserves the right to disclose your personal information to a third party without your prior consent in the following events:

    • If your conduct on this Web site breaches the Terms of Use;
    • In the event that RMFB is forced to comply with a warrant or order from a tribunal with respect to an offence committed or on the verge of being committed; or
    • In the event that RMFB deems in good faith that the law requires such disclosure, including sharing personal information with other companies and organizations for the purpose of preventing fraud, the whole in order to comply with any legal or regulatory requirements.

    WHEN YOU SUPPLY IDENTIFIABLE PERSONAL INFORMATION TO RMFB WHILE USING THE SERVICES OFFERED ON THIS WEB SITE, YOU CONSENT TO (I) THE COLLECTION OF THIS INFORMATION BY RMFB, (II) THE DISCLOSURE OF THIS INFORMATION TO SUPPLIERS, SERVICE PROVIDERS AND BUSINESS PARTNERS OF RMFB FOR THE ABOVEMENTIONED PURPOSES, AND (III) THE PRESERVATION OF THIS INFORMATION BY RMFB FOR FUTURE USE RELATED TO ULTERIOR REQUESTS.

  11. Security measures

    We want our members and Web site visitors to feel confident about using the RMFB. As a result, we are committed to protecting the information we collect.

    YOU ACKNOWLEDGE THAT NEITHER RMFB NOR ITS GROUP MEMBERS CAN BE HELD LIABLE FOR DAMAGES RESULTING FROM THE TRANSMISSION OF CONFIDENTIAL INFORMATION OR PERSONAL INFORMATION OVER THE INTERNET, AND THAT SUCH COMMUNICATIONS ARE AT YOUR OWN RISK.

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