Me Patricia Brissette
Senior Vice President, Legal Affairs c/o Gestion Evenko Festival Inc. 1275 Saint-Antoine Street West Montreal (Quebec) H3C 5L2 [email protected]
Rules of use
By using the Website, you agree to:
- • Not use the Website in any manner that may violate any intellectual property rights of evenko or any third-party;
- • Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising, bulk electronic mail or messages, or links to a spam or phishing website;
- • Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to evenko or a third-party, or to damage or obtain unauthorized access to any system, data, password or other information of evenko, other users of the Website, or any other third-party;
- • Not: (1) take any action that imposes or may impose (as determined by evenko in its sole discretion) an unreasonable or disproportionately large load on evenko (or its third-party providers’) infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures evenko may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
- • Use the Website in compliance with all applicable local, state / provincial, national and international laws.
Evenko may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Furthermore, you agree that evenko shall not be liable to you or any third-party for any loss or damage resulting from the termination of your access to the Website, or from evenko termination of the Website (or any part thereof).
General and External Links
Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, images, text, and computer code, in any form whatsoever, are proprietary to evenko, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted or otherwise used without the prior written permission of evenko. Any unauthorized use of the content, arrangement or layout of the Website, including, but not limited to, the text, computer code, photos, images or trademarks found on the Website or in any derivative works thereof may violate civil or criminal laws, including, but not limited to, copyright and trademark laws, and evenko may take action accordingly.
The above paragraph further applies to third-party property used on the Website, including but not limited to third-party computer code.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information therein and any activity arising from the use of the Website is at your sole risk. The Website, or any third-party materials (if any), are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of or from consulting the Website. Certain information may change, and errors may occur, and evenko is not responsible for any loss, financial or otherwise, resulting from changes or errors in information available on or through the Website. Evenko expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties of merchantability or fitness for a particular purpose, and warranties that the Website and any third-party material will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components. Evenko does not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; or (iii) the results of using the Website will meet your requirements.
Limitation of Liability
You expressly understand and agree that evenko shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, general civil liability or any other cause of action, relating to the Website, the use of the Website or activities arising from your use of the Website, including, without limitation, any interruption, defect or delay in operation or transmission, including communication line failure, any computer virus, and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records or third-party material. This limitation of liability applies, without limitation, to any damage or injury caused by any error, omission or other failure of performance by evenko, its affiliates and business partners.
Governing Laws and Jurisdiction
Use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and evenko shall be brought exclusively in the courts located in the Judicial District of Montreal, Quebec, Canada.