Terms of Service

  • Acceptance of terms

    Webbist® Multimedia Enr. provides services according to the following terms of service (TOS). The TOS could be updated from time to time without notice to you. You can review the latest TOS version by clicking the link provided in the website footer.

    Updated July 12, 2014

  • Description of services

    Webbist offers a variety of services including web application development, software development, website development and community web applications (Services). You must agree that the Services are subjected to the TOS. You agree that the Services may contain advertisement and these advertisements are included to support the Services. You agree that some administrative electronic mails can be sent to you to communicate important information about the Services. Any updates or new features provided by the Services are also subjected to the TOS.

    Unless, otherwise stated, you are solely responsible to gain access to the Services. Reaching the Services may involve third-party providers fees (e.g. Internet service providers or ISP, web hosting solutions, etc.) You agree that your are responsible for those third party provider fees. You are also responsible for obtaining the necessary material and software to reach the Services.

    The Services are provided “AS-IS” and without warranties, meaning that Webbist cannot be made responsible for any interruption, delay or error occurring while gaining access to the Services.

  • Notice of sports activity

    Some Services include features that promote physical activity (eg tennis). You should consider the risks associated with the practice of a sport and should consult your doctor before starting any sport. Webbist is not responsible and can not be held responsible for injuries or damage you may suffer as a result of the use of the Services.

  • Privacy Statement

    Please review our current Privacy Statement by clicking the link provided in the website footer.

  • Member accounts, password and security

    Some parts of the Services may require the creation of an account. If you create an account to gain access to the Service you agree to provide true and accurate information in the registration form. If the Service requires you to associate a picture with your account, you agree to upload a picture that contains your face, unless the Service indicates that it is possible to upload another image type. You will then be asked to create a user name and a password. You agree that you are responsible for maintaining the confidentiality of your password and your account. You agree that you are responsible for all activities occurring in your account. You agree to notify Webbist for any unauthorized access to your account you may discover or any other breach of security you may be aware of. Webbist cannot be held liable for any loss or modification of data or personal damage occurring under an unauthorized access to your account. You agree to never access other members account without having their consent.

  • Specific conditions according to age

    The Services are open to everyone, but specific conditions apply if you are minor under the regulations of your jurisdiction. If the Services promote in-person meetings between members, you must be accompanied by an adult at these meetings, until you reach maturity according to your jurisdiction. In addition, if you have not reached the age of 13, an account can still be created to use the Services, however, this account must be used by parents or legal guardians of the child. As parents or legal guardians, you agree to the TOS on behalf of the child and you are fully responsible for all actions carried through the Services by this account.

  • Proper members conduct

    You agree that your usage of the Services will not infringe any local, provincial, national or international applicable laws. The TOS is governed under, but not limited to, the laws of the Province of Quebec and the federal laws of Canada. You agree that your usage of the Services will not infringe this TOS. You agree to not use the Services to disrupt, interfere or damage Webbist servers, Services or reputation. You agree to not try any action to gain access to the Services, other member accounts or Webbist servers using hacking scripts or any other unauthorized means. You agree to not copy, modify, trade, make derivative work or reverse engineer any source code from the Services. You agree to not try any action to gain access to information otherwise available through the Services. You agree to gain access to the Services only by the means provided by us to reach the Services.

    You are fully responsible for the interactions you have with other members either in person or through the Services. Webbist is not responsible and can not be held liable for damages that may occur during interactions with others you meet from the Services or meetings you do with members who you have found from the Services . You agree to take all reasonable precautions for your interactions with other members and make whatever investigation you feel necessary before meeting another member. If you are a minor under the regulations of your jurisdiction, you must be accompanied by an adult during your meetings.

    Webbist offers no guarantee of conflict resolution between members if such a situation arose as a result of the use of the Services. However, some Services allow you to challenge the decision of another member and Webbist will attempt to resolve the dispute by contacting both parties. Webbist is not responsible for disputes and can not be held responsible for the outcome of these. Webbist reserves the right to resolve disputes on one side or other of the parties without recourse to the losing party.

    You agree that the content including, without limitation, texts, pictures, biographies, sports results, comments and descriptions (Content) that are made available through our Services that are community driven is the sole responsibility of the member who made this Content available. You agree that you and you alone is responsible for any Content you make available via our community Services. You agree that Webbist cannot be held responsible for such Content.

    You agree to not use the community Service to :

    • Make available Content that is unlawful or prohibited by these TOS.
    • Make available harmful, threatening, torturous, defamatory, obscene, libelous, hateful, racially, vulgar or any other questionable Content.
    • Distribute junk mails, SPAM or Phishing mails or any unsolicited communication.
    • Make available Content that contains virus, Trojan or any other malicious software to disrupt or damage the Services.
    • Make available Content that you do not own the copyright or violate the copyright laws.
    • Advertise services or goods without having an agreement with Webbist to do so.
    • Create a false identity to deceive other members.
    • Stalk or harass other members.
    • Collecting information about other members provided by the Services for yourself or another person or entity for a fee or free of charge without their express consent.

    You agree to communicate with our customer service if you are aware of questionable Content or behavior. Webbist do not monitor the Content of its community Services. However, Webbist reserves the right to review the Content if questionable Content is reported to us or we have a reason to believe that the Content may not respect the TOS. Webbist has the right to remove any Content that violates the TOS or suspend or terminate a member's account because of such a violation. Webbist will disclose any Content or information to satisfy any applicable law or government requests.

  • Content made available through the Services

    Webbist does not claim ownership of the Content made available through the Services. However, by making available publicly Content through the Services, you are granting Webbist a free, world-wide, royalty-free, non-exclusive license on the Content. No compensation will be paid by us for using this license. This license grants us the permission, without limitation, to use, copy, reproduce and publicly display such Content for promoting the Services. This license will be terminated when you remove or make private the Content from the Services. Making available publicly implies that other members or the public can view the Content, it does not include Content only available to you and are not available to other members or the public.

  • Content linked among several members

    Some Webbist Services allow you to create linked content between you and other members at the same time. This Content refers, without limitation, to events, results, pictures, rankings, progressions and allow Services to offer features of comparison between members, teams, archives, evolution and achievements. This Content allows the Services to generate reports, calculate statistics and can also be used as is. This Content becomes the property of Webbist once added to the Services and will not be destroyed in case you decide to cancel your membership account. However, the Content will not contain any personal information and will not identify you after your account has been deleted. A label will be assigned to the Content to identity it in relation with the deleted account.

  • Copyright of the Content

    By adding Content to the Services you warrant that you are the copyright owner of such Content or that the copyright owner has given you the permission to use the Content according to the terms of the TOS. You also warrant that you possess sufficient rights to grant us with the license describe in the TOS.

  • Reselling of the Services

    You agree not to copy, trade, resell or use the Services for commercial purposes.

  • Unsolicited ideas and suggestions

    You agree by submitting unsolicited ideas, comments or suggestions (Submissions) that Webbist is not under any obligation of confidentiality nor does it must consider such Submissions are proprietary. You agree that the Submissions does not contain proprietary or confidential information for which you are not the proper owner. Please be advise that Webbist can already be working on a project close to your Submissions.

  • Trademarks

    Please review our current Trademarks guidelines by clicking the link provided in the website footer.

  • Limitation of Liability

    YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES. WEBBIST CAN IN NO WAY BE LIABLE FOR ANY DAMAGE OR INJURY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING LOSS OF PROFIT, LOSS OF EMPLOYMENT OR LOSS OF DATA RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, THE PERFORMANCE OF SERVICES, THE CONDUCT OF OTHER MEMBERS TOWARDS YOU EITHER ONLINE OR IN PERSON AT A MEETING ORGANIZED BY YOU OR ANOTHER MEMBER THROUGH OUR SERVICES AND THIS EVEN IF WE HAD BEEN MADE AWARE OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST WEBBIST IN CONNECTION WITH THE USE OF ITS SERVICES IS TO STOP USING THESE SAID SERVICES. HOWEVER, IF WEBBIST IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS DIRECTLY RELATED TO THE USE OF ITS SERVICES, THE RESPONSIBILITY OF WEBBIST CAN NOT EXCEED $ 1 CANADIAN. IF YOUR JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.