Date of Last Revision: January 19th, 2010

1. Laboitearcheologique.com

Reference 5 inc. (“Laboitearcheologique.com”) operates thearchaeologicalbox.com as a referencing website in archaeology. Laboitearcheologique.com allows its members and users easy and quick access to different discussion groups, user profiles and news and event pages that have a shared archaeological central theme.

All questions or comments concerning the Terms of Use Contract (‘Contract’) may be addressed by email to info@reference5.com.

The use of thearchaeologicalbox.com as well as any Laboitearcheologique.com service shall be governed by and construed in accordance with the Provincial laws of the Province of Quebec and the Federal laws of Canada. Any legal procedure in regards to the use of any Laboitearcheologique site or service must appear before the court proceedings of the district of Montreal, Quebec, Canada.

A- For the purpose of this Contract, terms and expressions used in this document are defined as :

Site: Domain names, including but not limited to, laboitearcheologique.com, thearchaeologicalbox.com, as well as any sub domains or sub pages and folders operated by Laboitearcheologique.com.

Services: Activities pertaining to the use of the Laboitearcheologique.com’s site as well as any other page, group, site, media sharing which represent Laboitearcheologique.com.

Content: Any information, document, media file, link, published and available on the site as well as on any other group, page, site, media sharing, representing Laboitearcheologique.com. The content includes both, but is not limited to, member content and thearchaeologicalbox.com content.

Member content: Any information, document, media file, link published and made available by a member on the site as well as on any other group, page, site, media sharing representing Laboitearcheologique.com.

Thearchaeologicalbox.com content: Any information, document, media file, link published and made available by Laboitearcheologique.com on the site as well as on any other group, page, site, media sharing representing Laboitearcheologique.com.

Visitor: Any person browsing and/or using the site and/or the services.

Inactive visitor: Any person having browsed and/or used the site and/or the services.

Member: Any person possessing an active personal account or any representative of an active business type account.

Inactive member: refers to any person having possessed an active personal account or having represented an active business type account whose access has expired, been cancelled or deactivated thus rendering the account inactive.

User: Any visitor surfing the site that has not created a member account or is not logged in to his member account. This user is also referred to as an ‘’anonymous user”. Access is limited to site viewing only. However, the user is bound by this Agreement as is any member.

Member account: Results from site membership by a visitor giving him access to personal or business profiles. This account allows the member both viewing and publishing access to the site and the use of its services.

“Business” member account: Account type available to companies, businesses, organizations, associations, government bodies, archaeological firms, tourism agencies, etc.

“Business Plus” member account: Account type offering additional premiums to companies, businesses, organizations, associations, government bodies, archaeological firms, tourism agencies, etc.

“Personal” member account: Account type available only to individuals. It is not permitted to use this type of account to represent companies, businesses, organizations, associations, government bodies, archaeological firms, tourism agencies, and/or any other entity that may qualify for the business type account.

Profile: Member content page associated with a member account and partially modifiable by the member.

B- Acceptance of Terms of Use

The visitor of the site and/or services is presumed to have accepted this Contract.

In the event of refusal of this Contract, the visitor must leave the site and stop using the services.

C- Term of Contract

All visitors must comply with this Contract at all times and this, even when not surfing the site and/or using the services. This obligation also applies to any:

i- Inactive visitor, even when not browsing and/or using the site and/or the services;

ii- Inactive member, even after cancellation or annulment of his membership, or after deactivation of his account.

In other terms, any visitor consents, whether qualified as a user or a member, to the terms of use mentioned in the present document and that Laboitearcheologique.com has the right to amend and/or modify these terms at any time and this, without prior warning.

D- Other Governing Documents

i- Confidentiality Agreement

The use of the site and services of Laboitearcheologique.com is governed by a Confidentiality Agreement which is incorporated into this contract. It is made available through the following link: http://www.thearchaeologicalbox.com/en/confidentiality-agreement.

The visitor has the responsibility of learning about and complying with
our confidentiality agreement. 

ii- Terms of Use - The Trowel Shop

The use of Laboitearcheologique.com's online store - The Trowel Shop - is governed by a distinct Terms of Use document (Terms of Use - The Trowel Shop) which is  also incorporated into this contract. It is made available through the following link: http://www.thearchaeologicalbox.com/store/terms-of-use-store.

The visitor has the responsibility of learning about and complying with our Store's Terms of Use.

E- Severability

If any section of this Contract or any portion thereof is determined to be unenforceable or invalid by the decision of any court by competent jurisdiction, which determination is not appealed or appealable, for any reason whatsoever, such unenforceability or invalidity shall not invalidate the whole Contract, but the Contract shall be construed as if it did not contain the particular provision held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.

2. Use of Services (Rights, Restrictions and Obligations)

Laboitearcheologique.com automatically acquires  rights to any content posted by the member (see section 5).

In the event a member publishes restricted content (see section 8), Laboitearcheologique.com disclaims any responsibility. This content may be withdrawn without prior warning.

3. Membership

The visitor must be at least 13 years of age. Any 13 to 17 year old visitor must receive permission from a parent or guardian before browsing and/or applying for membership.

Any 13 to 17 year old visitor must provide Laboitearcheologique.com with the valid email address of a parent or guardian upon membership application. Verification will be made by Laboitearcheologique.com before membership activation.

A-  Accuracy of Content

Any content provided by a member during membership application must be true. The member must maintain the truthful nature of this content at all times.

B- Compliance with Laws and Regulations

A visitor that transgresses any law or regulation may  have his profile deactivated and his site access denied.

C- Password Protection

The member is responsible for maintaining the confidentiality of his password.

D- Member Use of Laboitearcheologique.com

Services are intended for personal and/or corporate use by the visitor and can also be used for promotional purposes by the member.
In the event of illegal or unauthorized use of the services, we have the right to pursue appropriate legal action.

4. Rates

The visitor acknowledges and agrees that we reserve the right to change our rates at any time without prior notice to the visitor.

If any member transgresses the laws and regulations, his profile will be deactivated and/or deleted, however a refund will not be granted for any or all unused portion of the membership fee.

Only the "Business Plus" membership has an annual fee which is $ 36 CDN.
If a “Business Plus” member cancels his membership, he will receive a refund of his annual fee only if the cancellation occurs within 30 days of subscription or renewal of the membership.

5. Content Property Rights

A- Member content

Any member may publish content on the site an /or via the services of Laboitearcheologique.com

By submitting member content on the site or through the services, the member gives Laboitearcheologique.com a license allowing us to use, copy, modify, delete, insert, execute and/or publish this member content.

B- Non-exclusive License

Any member who submits content to Laboitearcheologique.com agrees that no property rights shall be paid.

Any member who submits content to Laboitearcheologique.com accepts that a sub-license be granted to this member content. In such case, the member will be notified and if he disagrees, he will be required to notify Laboitearcheologique.com within 10 days of receipt of this notification.

C- Member Obligation

Member content must respect the laws in force in the province of Quebec, Canada in particular those relating to privacy, a persons rights, intellectual property, copyright.

A member must also ensure that he possesses the rights to the content he is submitting and that this content does not belong to a third party.

D- Thearchaeologicalbox.com Content Protection

Laboitearcheologique.com retains all rights to its intellectual property on its site and /or its services.

The site, its graphic design, its navigations tools as well as the services offered by Laboitearcheologique.com are protected, when applicable, by laws relating to copyright, trademark as well as trade secrets.

Laboitearcheologique.com owns all the rights to the content published on the site and/or via the services. Laboitearcheologique.com grants a limited license, revocable at any time, which prohibits content sublicensing to the member enabling him to reproduce and display thearchaeologicalbox.com content, but only for purposes relating to site browsing and/or the use of the services.

The visitor does not have the right to copy, modify, translate, publish, distribute or sell the content of the site and services unless he has received proper written authorization from Laboitearcheologique.com or from the member having published the content.

6. Published Content

Nature of Published Content

Laboitearcheologique.com offers no guarantee as to the veracity and validity of information submitted by its members. Members agree not to publish any confidential information. Before providing confidential information to someone claiming to be a representative of Laboitearcheologique.com, please contact us.

Laboitearcheologique.com has no obligation to modify or remove any inappropriate content and will not be responsible for any member content published on the site and/or via the services.  We encourage all visitors to notify us via email at info@laboitearcheologique.com if they consider certain content to be inappropriate.

A member’s responsibility is limited to his own member content published by himself on the site and/or via the services.

The member must verify that his member content respects all existing laws on confidentiality and data protection. Laboitearcheologique.com is not required to verify member content. However, it is in within the rights of Laboitearcheologique.com to check all content including member content and to remove any content as it sees fit.

Laboitearcheologique.com reserves the right to investigate and take legal action against anyone who violates a clause of the present contract.

A-    Prohibited Content

For the purpose of proper interpretation of these terms of use, the expression “illegal content” refers to the following:

i-    Any content that may offend and/or promote racism, bigotry, hatred or physical and/or physiological harm of any kind against any group or individual;

ii-    All content that harasses or encourages harassment of any group or individual;

iii-    Any content that contains nudity, any subject of bad taste or any link to a adult website;

iv-    Any content that displays data that may cause or create a risk of a breach of confidentiality or security for any group or individual;

v-    Any content that solicits personal information from persons under the age of 18;

vi-    Any false, misleading or deceptive content;

vii-    Any content that constitutes or promotes an illegal activity or business, such as hacking, creation of computer viruses;

viii-    Any content that infringes the copyrights of a group or person, including the sharing of software and other pirated media, the sharing of data used to thwart protective devices, and all links redirecting visitors to sites that offer such illegal services;

ix-    Any content that causes or involves the transmission of data such as unsolicited e-mail, addresses, chain mail, electronic direct mail, instant messages, advertisements;

x-    Any content that contains or leads to hidden pages or images that are not directly linked to another page accessible without a password or subscription;

xi-    Any content that solicits passwords or other information that may lead to the identification of a person by other individuals, groups, or visitors;

xii-    Any content that involves unauthorized commercial activities and activities not governed by our business type accounts;

xiii-    Any content that includes a photo or video of another person published without the consent of that person;

xiv-    Any content that includes images, videos and other media of a sexual nature and/or any other content deemed as irregular, prohibited, false or misleading aimed at attracting  traffic to a member profile or to a third party website;

xv-    Any content that violates the right to privacy, the right to the protection of the person, copyright, trademarks, contract rights and/or any other rights.

xvi-    Any content that promotes propaganda and symbols of illegal organizations;

xvii-    Any content that violates the present terms of use.

B-    Prohibited Activities

For the purpose of proper interpretation of these terms of use, the expression “illegal activities” refers to the following:

i-    Participation in, or promotion of, commercial publicity or solicitation in order to encourage the purchase or sale of goods and services without the authorisation of Laboitearcheologique.com;

ii-    Any criminal or illegal activity including, but not limited to, child pornography, corruption of minors, fraud, trafficking in obscene material, drug trafficking, gambling, harassment, sending of viruses, and infringement of intellectual property rights;

iii-    Activities encouraging participation in and/or leading to unsolicited mail an /or e-mails and/or any other form of unauthorized communication. In the case of such misuse, this member agrees  to pay Laboitearcheologique.com the amount of  $50 CDN for each message, email and/or any other unsolicited and/or unauthorized  communication sent through our site or services  and this because of the considerable extremely difficult to quantify damage caused to Laboitearcheologique.com.

iv-    Attempting, causing or encouraging the circumvention and/or modification of any software and/or technology that is part of the services;

v-    Attempting to modify software or hardware operations;

vi-    Accessing  or using, without authorization, a computer or computer network;

vii-    Disturbing, modifying, and/or altering the display of a banner on the site;

viii-    Automated use of the system services;

ix-    Causing interference, disturbance or undue burden on the site, the services or any other functionality, interface of Laboitearcheologique.com;

x-    Visitor false representation ;

xi-    Changing the computer code of any part of the site or services;

xii-    Access to or use of a "Personal" member account by someone other than the account holder. This includes sharing a password with a third party to authorize this party access to your member account;

xiii-    Access to  or use of  a "Business" or a "Business Plus" member account by a person not officially authorized to represent this account;

xiv-    The sale or transfer of a membership;

xv-    Attempting to cause and/or causing harassment, abuse or harm to a person or entity by using information obtained through the services;

xvi-    Commercial advertising on any “Personal” member account;

xvii-    Accepting payment for the display of commercial advertisement on a “Personal” member account;

xviii-    Conducting any commercial activity via a “Personal” member account;

xix-    Using the services in any manner violating this contract.

8. Protection of intellectual property

Laboitearcheologique.com respects all intellectual property rights and requires the visitor to act likewise. The visitor is not authorized to download, integrate, copy, publish, or use in any other way content in a way that infringes the intellectual property of any person, group, company, organization or other entity including Laboitearcheologique.com.

Laboitearcheologique.com is the sole owner of the rights to the content of the services. Only Laboitearcheologique.com can use the content for purposes such as promotional, advertising, commercial, etc. The member will not be notified whenever his content is used if such use is limited to the services.

Laboitearcheologique.com is not liable for infringements of intellectual property by its visitors

9. Visitor Conflicts

The visitor is responsible for his interactions with other visitors. Laboitearcheologique.com reserves the right to intervene in conflicts between visitors.

10. Non-responsibility of Laboitearcheologique.com

A-    Member Content

Laboitearcheologique.com shall, in no case, be held responsible and does not guarantee the safeguard of any member content available on the site or via the services whether this content is published by the visitor or Laboitearcheologique.com. Member content does not necessarily represent the opinions or policies of Laboitearcheologique.com.

B-    No Warranty

Laboitearcheologique.com does not guarantee the accuracy, reliability or even the use of the site or the services.

C-    Links to Third Party Sites

Member content may include links to sites not affiliated with Laboitearcheologique.com and display, promote or encourage views or policies that may not represent those of Laboitearcheologique.com. These third party sites are not necessarily endorsed, supported or controlled by Laboitearcheologique.com. To this point, visitors are strongly advised not to follow links to third party sites published by a visitor. The visitor is entirely responsible for all risks or problems associated with such sites.

D-    Responsibility Disclaimer

Laboitearcheologique.com, including its owners, employees, officers, agents and/or affiliates is not responsible for any technical problem including errors, omissions, interruptions of Internet service,  failures, delays, theft , destruction, financial or physical loss, failure of email or software, interruption to websites, injury or death suffered by the visitor while online or offline or by a third party, any damage caused to equipment used by a visitor to access the site or services, any problem relating to the technical operation of any system or any other incident, problem, action, or activity resulting from the use of the site or the services of Laboitearcheologique.com as well as resulting from access to third party websites via the content.

E-    Availibility of Site

Laboitearcheologique.com, including its owners, employees, officers, agents or affiliated is not liable for any incident, problem, loss, action or activity resulting from the non-availability or non - accessibility of the site or services.

F-    Limitation of Liability

Responsibility, whatever the type of action taken against Laboitearcheologique.com, including its owners, employees, officers, agents or affiliates, at any time will be limited to the amount paid by visitors for access to the services during the current term of membership.

G-    Release of Liability

By accepting this agreement, the visitor  releases from any liability, cost, damage, suit, litigation, etc.., Laboitearcheologique.com as well as its owners, employees, officers, other officers or partners.

11. Conflicts between the Visitor and Laboitearcheologique.com

In the event of unresolved conflicts between the parties, Laboitearcheologique.com reserves the right to present necessary recourses to the appropriate judicial offices.

12. Acceptance of contract

Anyone who browses the site or uses the services acknowledges having read and accepted these Terms of Use. It is the responsibility of the visitor to become familiar with our Terms of Use and our Confidentiality Agreement before browsing or using the site or the services. Laboitearcheologique.com reserves the right to modify the present Terms of Use without prior notice or reprieve to the visitor.