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 User
Conditions
Legal Notice
All pages of the MONTRÉAL 2006 web site are protected:
©2002-2006 - Comité organisateur Rendez-Vous MONTRÉAL
2006
All right reserved
MONTRÉAL 2006 ORGANIZING COMMITTEE FOR THE RENDEZ-VOUS
GAMES WEBSITE (The: «Site») GENERAL TERMS AND
CONDITIONS OF USE.
Introduction
Welcome to the official Web
site of the MONTRÉAL 2006 Organizing Committee
(hereinafter: «MONTRÉAL 2006»). For your protection
and ours, we have established the following General
Terms and Conditions of use for this Site ("Terms
and Conditions"). MONTRÉAL 2006 offers you a variety
of Content and services throughout the Site, all
of which are subject to these Terms and Conditions.
By using this Site in any way you are agreeing
to comply with these Terms and Conditions. As
these Terms and Conditions are subject to change
without notice, we encourage you to visit this
page often. Your use of the Site is also governed
by the MONTRÉAL 2006 Website Confidentiality
Policy.
Any modifications of present Terms and Conditions
will be included on this page. Your use of the
Site after the modifications have been made constitutes
acceptance of the Terms and Conditions as modified.
ALWAYS KEEP IN MIND THAT BY USING OUR SITE, YOU
AGREE TO THESE TERMS AND CONDITIONS.
Copyright Notice
MONTRÉAL 2006 owns the intellectual property rights
to all Content on the Site as well as the Site's
design, structure, and compilation (i.e. "look
and feel") (Hereinafter: the « Content »). Unless
otherwise stated, copyright laws protect all materials
contained in the Site. The Content is intended
for personal use; it may not be reproduced, distributed,
transmitted, displayed, published or broadcasted
for any other purpose without prior written permission
of MONTRÉAL 2006. If you are a member of the Press
or Media, consult the Rendez-Vous
MONTRÉAL 2006 Marketing Communications Usage Agreement
before reproducing our Content.
Your obligations as a user
To use this Site, you must be 14 years old or
over. This Site is not intended for children.
We ask that parents make sure that their children
do not fill out our online forms.
In addition to abiding by all the Terms and Conditions
specified in this document, you must conform to
the laws and regulations in the country from which
you are visiting the Site and all additional rules
governing any particular services that you might
use (for example, a discussion forum or the Club
MONTRÉAL 2006). You may not use the Site for any
purposes that violate the laws or regulations
of Canada.
When you sign up for one of the Site's services,
you must:
- provide true, correct, up-to-date
and complete information about yourself;
- regularly maintain and update
your registration data in order to keep it true,
correct, up-to-date and complete at all times.
Otherwise, we reserve the right
to suspend or cancel your registration and to
ban you from using the Site and its services immediately
and in the future.
When and by visiting this Site, you agree not
to post, publish, transmit or communicate messages
that might cause any damage to MONTRÉAL 2006.
Also, you may not prevent or attempt to prevent
other Internet users from using the Site and its
services, or interfere with the operations of
the Site and its services.
No Commercial Use
No area of this Site may be used by our visitors
for a commercial purpose such as, without limiting
the generality of the foregoing: to conduct sales
of tickets, merchandise or services of any kind.
You must obtain written consent from MONTRÉAL
2006 prior to making any direct or indirect commercial
offers of any kind, whether by advertising, solicitation,
links, or any other form of communication. Without
limiting the foregoing, you may not resell tickets
of any kind or link to other sites for the purpose
of selling or reselling same. MONTRÉAL 2006 will
investigate and take appropriate legal action
against anyone who violates this provision, including
without limitation, removing the offending communication
from the Site and barring such violators from
use of the Site. MONTRÉAL 2006 reserves the right
to block access to or cancel a ticket application
of any user known or reasonably believed to be
associated with any ticket broker or tout, or
utilizing automated means to process or place
ticket applications, or whose ticket application
exceeds the stated limit.
Access and Interference to Intellectual
Property
You acknowledge and agree that all Content, including
any material in the Club MONTRÉAL 2006 discussion
forum and the compilation of the Content, is protected
by copyright, trademark and other intellectual
property and proprietary rights in effect in Canada,
the United States, Europe and elsewhere, and that
these rights are valid and protected in all forms,
media and technologies that exist now or are developed
or created in the future.
You may not copy, modify, delete, augment, publish,
transmit, create derivative works, create or sell
merchandise derived from our Content or in any
other way exploit our Content, in whole or in
part.
Unless otherwise stated, you may make copies of
limited parts of our Site only for your personal,
non-commercial use. You may not modify these copies
and you must retain all copyright, trademark,
legends and other proprietary rights notices or
any legend included thereof.
Logos and Trademarks
Our logos and all other marks of MONTRÉAL 2006
belong to MONTRÉAL 2006 are internationally registered
and are protected under current Canadian legislation.
You may not use, display or post them without
the authorization of MONTRÉAL 2006. It is illegal
to use any of the trademarks or any other intellectual
property accessible through the Site for any purpose
other than the purpose for which such material
is made available by MONTRÉAL 2006. It is illegal
to misrepresent yourself in any way sponsored
by, affiliated with, or endorsed by MONTRÉAL 2006
or any of it's providers. It is illegal to slender
or disparage MONTRÉAL 2006, the trademarks or
service marks of MONTRÉAL 2006, or any aspect
of the Site. All other trademarks, products, services,
company names and logos that appear on our Site
belong to their owners. You may not use, display
or post them without the authorization of the
said owners.
The Club MONTRÉAL 2006 discussion forum
This public forum, open to all and without moderator,
is dedicated to MONTRÉAL 2006 activities. You
are solely responsible for the messages you send
to the forum participants. By using the forum,
you agree to post only appropriate, concise, polite
messages that are within the forum's theme.
You agree not to submit any content that could
violate any copyright, intellectual property or
privacy rights of any third party, nor any content
that is defamatory or illegal according to the
laws and regulations of the country from which
you are visiting the Site. You are also prohibited
from submitting any executable files, any computer
code or any programs to or through the forum or
the Site.
By using the forum, you automatically give the
right to participants as well as to MONTRÉAL 2006
to distribute or reproduce, in whole or in part,
your contributions to the forum. Your contributions
may also be reproduced on the Site.
MONTRÉAL 2006 may at any time and at its sole
discretion, cancel your registration in the forum,
without prior warning or justification. To cancel
your forum registration yourself, go to the "Profile"
section and follow the instructions.
MONTRÉAL 2006 is not legally obliged to supervise
the content of messages, but it reserves the right
to do so, at its discretion.
Disclaimers of Warranties
You expressly acknowledge and agree that:
- your use of the Site is at
your own risk. The Site is provided on an "as
is" and "as available" basis. To the fullest
extent permissible according to applicable law,
we expressly waive all warranties of any kind,
whether express or implied, including, but not
limited, to the implied warranties of title,
merchantability, fitness for a particular purpose,
and non-infringement.
- we do not warrant or represent
that i) the Site will meet your requirements,
ii) use of the Site will be uninterrupted, timely,
secure, or error-free, iii) the results that
may be obtained from the use of the Site will
be accurate or reliable, iv) the quality of
any products, services, or information, or other
material purchased or obtained by you through
the Site or that such items will meet your expectations,
v) the servers that make the Site available
are free of viruses, worms or other harmful
components; or vi) any errors in the Site will
be corrected.
- any material downloaded or
otherwise obtained through the use of the Site
is downloaded or obtained at your own discretion
and risk and that you will be solely responsible
for any damage to your computer system or loss
of data that results from the downloading or
obtaining of any such material. You solely assume
the entire cost of all necessary servicing,
repair or correction (in no event shall these
costs be recoverable from MONTRÉAL 2006 or any
of our affiliated companies or any of our or
their respective licensors or suppliers).
- no advice or information,
whether oral or written, obtained by you from
us or through or from the Site or one of it's
services shall create any warranty not expressly
stated in these terms and Conditions.
Limitation of Liability
- we shall not be held liable
for any direct, indirect, incidental, special
or consequential damages resulting from the
use of or the inability to use or unapproved
use of the Site. We shall not be held responsible
for the cost of procurement of substitute goods
and services or resulting from any goods or
services purchased or obtained or messages received
or transactions entered into through the Site,
or resulting from unauthorized access to or
alteration of your transmissions of data, including,
but not limited to, any incidental, punitive
or consecutive damages for loss of profits,
use of data or other intangible, even if we
have been advised of the possibility of such
damages.
- without limiting the foregoing,
in no event shall our total liability (and that
of our subsidiaries, affiliates, sponsors or
licensors) to you for all damages, losses, and
causes of action (whether in contract or tort,
including, but not limited to, negligence or
otherwise) exceed CAD $100.
- if you are dissatisfied with
any portion of the Site, or with any of these
Terms and Conditions, your sole and exclusive
remedy is to discontinue using this Site.
Your responsibilities
and indemnification
You are responsible for your postings on our Site,
the downloading of files, the distribution of
information and the transmission of data by your
computer system. If you cause damage to our Site
or if somebody else uses your name or your password
to cause harm to MONTRÉAL 2006, you will be held
responsible for same. Do not reveal your password
to anyone.
In addition, by using this Site, you agree to
indemnify MONTRÉAL 2006, its officers, trustees,
members, employees, volunteers, agents, and representatives
and hold them harmless from any and all claims
and expenses, legal fees, including attorneys'
fees, arising from your use of the Site. You further
agree to release MONTRÉAL 2006 and its officers,
trustees, members, employees, volunteers, agents,
and representatives from any and all claims, demands,
debts, obligations, damages (actual or consequential),
costs and expenses of any kind, (known or unknown,
suspected or unsuspected, disclosed or undisclosed)
that you may have against them arising out of,
or in any way related to, your use of the Site
or to any disputes regarding use of ideas or related
materials submitted to MONTRÉAL 2006.
You undertake to indemnify and hold harmless MONTRÉAL
2006 from and against all claims, actions, damages
or other demands, including reasonable attorney
fees and expenses (including any fees, costs and
expenses relating to any dispute between you and
us) by any third party as a result of:
- material that you have submitted,
posted or sent through our Site and/or one of
the services offered on our Site;
- your use of the Site and/or
of one of the services offered on our Site;
- your connection to the Site
and/or the services offered on our Site;
- any default on your part
in terms of respecting your obligations as stipulated
in the Terms and Conditions;
- violation of law or of the
rights of any other person.
You hereby agree to waive all
laws that may limit such releases.
Accuracy of Information
The prices for products and services offered by
the partners and sponsors of MONTRÉAL 2006, posted
on the Site, and the description of the packages
offered by the partners and sponsors of MONTRÉAL
2006, are supplied for information purposes only
as this information is made available to MONTRÉAL
2006. MONTRÉAL 2006 does not guarantee that all
the information is accurate, error free or complete.
MONTRÉAL 2006 may not be held liable for any inaccurate
or incomplete description or information supplied.
MONTRÉAL 2006 undertakes to verify with its partners
and sponsors and to correct, as early as possible,
any inaccurate or incomplete information that
a user may signal.
MONTRÉAL 2006 Hyperlink Policy
This Site may contain links to third party Websites
over which MONTRÉAL 2006 exercises no control
(«External Sites»). MONTRÉAL 2006 does not endorse,
is not responsible or liable for any Content,
advertising, products, services, or other materials
on, or available from, such External Sites. The
same applies to sites that may contain links to
the Site. The MONTRÉAL 2006 Hyperlink Policy governs
all links on the Site.
Accessibility
MONTRÉAL 2006 values Web accessibility
and is committed to making the Site accessible
to as many people as possible. The Content is
designed for client independence and supports
an array of technologies.
Site Compatibility
The Site is compatible with Microsoft Internet
Explorer (5.x, 6.x) for Windows, Microsoft Internet
Explorer (5.x) and Safari (1.x) for Mac OS, Netscape
Communicator (4.x, 5.x, 6.x, 7.x), Opera (6.x,
7.x) and Mozilla (1.x) for Windows, Mac OS and
Linux. Javascript and cookies must be enabled
to use the site.
The Site is optimized for an 800 x 600 display
screen resolution. For the displays of resolutions
of 1024 x 768 and over, all visual elements are
automatically stretched and adjusted.
Governing Law and Dispute resolution
Club MONTRÉAL 2006 and the Site are operated from
Montréal. All legal issues arising from, or related
to, your use of the Site shall be construed in
accordance with the applicable laws of the province
of Québec, Canada, including all questions relating
thereto. The courts of Montréal, Québec, Canada,
shall be the exclusive forum and venue to resolve
disputes arising out of, or related to, these
Terms and Conditions or your use of the Site.
By using the Site, you fully consent to the jurisdiction
and venue of the Québec courts with respect to
all such disputes.
Intellectual property rights
MONTRÉAL 2006 respects the intellectual property
of others and we ask that you do the same. If
you have good reasons to believe that your work
has been copied or is being used on our Site in
a manner that violates your intellectual property
rights, we request that you inform MONTRÉAL 2006
by providing the following information:
- the physical or digital signature,
of the person authorized to act on behalf of
the owner of those rights or his identification
certificate, if available;
- a description of the work
in relation to which you claim rights that have
been infringed;
- the specific location on
our Site of the item that you claim is infringing
your rights
- your address, telephone number
and e-mail address;
- a sworn statement by you
that you have a good faith belief that the disputed
use is not authorized by the intellectual property
owner, its agent, or the law;
- which includes, a statement
by you, (as is appropriate under applicable
local law), that the information in your notice
is accurate and that you are the intellectual
property right owner or authorized to act on
the owner's behalf.
MONTRÉAL 2006's agent for notice
of intellectual property claims is:
Rendez-Vous MONTRÉAL 2006 Organizing Committee
Attention: Jean-François Perrier
Telephone: +1 (514) 252-5852
Fax: +1 (514) 252-5850
web@montreal2006.org
Violation of Terms and Conditions
Should you violate these Terms and Conditions
or any other rights of MONTRÉAL 2006, MONTRÉAL
2006 reserves the right to pursue any and all
legal and equitable remedies against any violating
user. If you are aware of any violations of these
Terms and Conditions, please report them to:
Rendez-Vous MONTRÉAL 2006
Communications Marketing Department
4141, avenue Pierre-De Coubertin
Montréal (Québec) H1V 3N7
Telephone: +1 (514) 252-5858
Fax: +1 (514) 252-5850
Email: (All information submitted using this e-mail
address is governed by the MONTRÉAL
2006 Confidentiality Policy) web@montreal2006.org
Other terms
The Terms and Conditions of the Site constitute
the entire agreement between you and MONTRÉAL
2006 governing your use of the Site. These Terms
and Conditions replace all previous agreements
between you and MONTRÉAL 2006. You may also be
subject to additional terms and Conditions when
using certain services provided by third parties.
Moreover by using the Site, you recognize that
:
- The Terms and Conditions
are reasonable and necessary to protect legitimate
interests on the part of MONTRÉAL 2006;
- If any provision of the Terms
and Conditions is found by a court of competent
jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give
effect to the parties' intentions as reflected
in the provision, and the other provisions of
the Terms and Conditions shall remain in full
force and effect as conforming to the said decision;
- That monetary damages might
be insufficient to indemnify MONTRÉAL 2006 from
a breach of the Terms and Conditions and that
in the case of such a contravention, MONTRÉAL
2006 may immediately avail itself of the necessary
procedures to enable it to obtain specific performance
such as an interlocutory provisional injunction,
an interlocutory injunction or a permanent injunction,
before a competent jurisdiction;
- No renunciation of any provisions
of these Terms and Conditions may be opposed
to MONTRÉAL 2006 unless it is written and signed
by a duly authorized representative of MONTRÉAL
2006.
All claims or causes of action
arising from or related to the use of the Site
or its Terms and Conditions must be filed within
one (1) year following the date on which such
claim or cause of action first arose. Otherwise,
they will be deemed null and void.
Any request for information relating to our Terms
and Conditions may be sent to web@montreal2006.org.
See also: The
Personal Information Protection and Electronic
Documents Act
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