EssenceMontreal.com Terms & Conditions
EssenceMontreal.com (hereinafter "Essence Montreal"), maintains this Internet web site (hereinafter referred to as the "Site"). Your access to and use of the Site is subject to the following terms and conditions (the "Terms and Conditions") and all applicable Federal, State and Provincial laws. By accessing and browsing the Site, you are deemed to have accepted the Terms and Conditions in its entirety. Usage of the Site for any reason not set in the terms below is prohibited.
If you do not agree to the Terms and Conditions, you must immediately discontinue any use of this Site.
Terms and Conditions
1. Unless otherwise stated, Essence Montreal or its licensors own the intellectual property rights contained in the Site and material provided on the Site. All these intellectual property rights are reserved. You should assume that everything you see or read on the Site is protected by copyright unless otherwise noted and may not be used, except as provided in these Terms and Conditions or in the text on the Site, without the written permission of Essence Montreal. Essence Montreal cannot guarantee that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Essence Montreal.
2. You are granted permission to view, download (for caching purposes only), and print pages and emails from the Site only provided you do not edit or otherwise modify any material on the Site or email and retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, modify, transmit, sell, reuse, re-post, frame or use the content of the Site for commercial purposes, including the text, images, audio and video without written permission from Essence Montreal. You may redistribute content specifically and expressly made available for redistribution, such as our newsletter or public banners provided they retain the original Essence Montreal information such as name, logo, links and notices.
3. You must not use the Site in any manner that causes, or may cause, damage to the Site or to impair of the availability or accessibility of the Site; or in any manner which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose. You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger or other malicious computer software. You must not conduct any automated data collection activities, including scraping, data mining, data extraction and data harvesting, on or in relation to our Site. You must not use the Site to transmit or send unsolicited commercial communications. You may not modify the content of the Site through malicious means, which include, but are not limited to, SQL injection or Cross Site Scripting (XSS). Content may be submitted to the Site through the controls and forms contained on the Site within the guidelines set in these Terms.
4. Access to portions the Site are restricted. We reserve the right to restrict access to any and all portions of the Site at our discretion. You may apply for an account to gain access to some of the restricted material on the Site using a username and password combination, however it is your responsibility to ensure that your username and password are kept confidential at all times. Essence Montreal will not be held liable for any misuse of your account for any reason and we reserve the right to disable, cancel, modify or delete any account without notice or explanation.
5. User generated content (“Content”) means any material submitted to the Site by its visitors, including text, images, audio or video materials. Content submitted to the Site grants Essence Montreal a irrevocable and royalty-free licence to display, use, reproduce, publish, translate and distribute the Content in any form. Content submitted to Essence Montreal must not be illegal, copyrighted material, or unlawful in a any way. We reserve the right to edit, alter or remove any Content submitted to the Site without notice. Due to the volume of Content submitted to the Site, we are unable to monitor every published submission of Content our Site.
6. While Essence Montreal makes every reasonable effort to provide accurate and up-to-date information on the Site, Essence Montreal makes no warranties or representations as to its accuracy. Essence Montreal assumes no liability or responsibility for any errors or omissions in the content of the Site.
7. Your use of and browsing in the Site are at own your risk. Neither Essence Montreal nor any other party involved in creating, producing, moderating or delivering the Site, is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Everything on the Site is provided to you "AS IS" without warranty of any kind. Essence Montreal also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site. You expressly agree that the use of this Site is at your sole risk.
8. Essence Montreal is not responsible for the content of any other sites linked to or from the Site; these other sites have been developed by parties other than Essence Montreal, and therefore Essence Montreal is not acting as a publisher or disseminator of the material contained on those other sites. Your linking to or book marking of any other off-site pages or other sites is at your own risk.
9. This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada. Any judicial proceeding brought against Essence Montreal on any dispute arising out of this Agreement or any related matter may be brought in any federal or provincial court located in Montreal, Quebec, and by execution and delivery of this Agreement, you waive any objection to venue.
10. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable, and such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
11. Essence Montreal may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
The last revision date for these Terms and Conditions is April 15, 2010