Terms of Service


MtlChic (“pronounced Montreal Chic”) TERMS OF USE AGREEMENT

(Last Updated: July 2014)




This is a binding agreement between you and MtlChic and affiliates (the “Company”) regarding your use of certain Company’s digital media services (the “Services”), such as online forms, publications and whitepapers. Before accessing and using the Services, you must review the following Digital Media Services Terms of Use Agreement (the “Terms of Use”) that govern your access to and use of the Services. Your use of the Services also constitutes your agreement to our Website Terms of Use and your consent to the collection, use and disclosure of your personal information by the Company in accordance with our Privacy Policy.

1. Warranty Disclaimer

The Company intends for the forms, publications and whitepapers to be accurate and reliable, however, the Services are provided to you on an “as is” and “as available” basis and without warranty or condition of any kind, whether express or implied. The Company does not represent the accuracy in the materials accessed through the Services or that such materials will conform to any specifications or be able to be used for a particular purpose.

2. License.

The Company grants you a non-exclusive, limited, non-assignable and non-sublicensable license to use the information, material or content in any forms, publications or whitepapers available through the Services for your own personal, informational and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, add to or delete from, transfer or sell these materials in any form or manner without the prior written permission of the Company.

3. Copyright

Any information, material or content contained within or on, the forms, publications or whitepapers, including text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips and software (the “Content“), is owned or controlled by the Company and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). The Content is protected under Canadian copyright and other copyright laws to the maximum extent permitted. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through the Services and maintain such notices in the Content. The Company does not warrant or represent that your use of materials displayed on, or obtained through, the Services will not infringe the rights of third parties, including any third party intellectual property rights.

4. Trademarks

MtlChic.com™ and “MontrealatNight”™ are trademarks of the Company in Canada. All other products, services and company names mentioned throughout the Services may be trademarks of the Company and/or its affiliates or their respective owners. You shall not use any trademark displayed throughout the Services without the express written permission of the Company or the relevant owner of the trademark.

5. Indemnity

You acknowledge and expressly agree that use of the Services is at your sole and own risk. You agree to defend, indemnify and hold the Company and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of the Services, including without limitation, the placement or transmission of any information or other materials within or on the forms, publications or whitepapers by you or users of your account. The Company also reserves the right to enforce rights to the maximum extent permitted by applicable law.

6. General

The Company reserves the right to terminate or suspend your access to the Services and/or to terminate these Terms of Use at any time without notice and for any reason whatsoever. In the event of inconsistency between the Website Terms of Use and the Digital Media Services Terms of Use, the Website Terms of Use shall prevail. The Terms of Use of the Services and all other documents referenced herein constitute the entire agreement between the Company and you with respect to your use of the Services or the use by users of your account. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms of Use shall be governed by and construed in accordance with the laws of Quebec, Ontario and the federal laws of Canada applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction of the Courts of the province of your residence.

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