Terms and Conditions
Last update: June 18th, 2020
Thank you for visiting Lune Rouge Musique Inc.’s (collectively with its subsidiaries and affiliates, “Lune Rouge”) website (the “Website”). Please take the time to read and understand our Website's Terms and Conditions that you will find on this page (the “Terms and Conditions”, as they may be amended, restated, supplemented or modified by Lune Rouge from time to time) and our . The following Terms and Conditions constitute a legal document that describes your rights and responsibilities as a user.
By using our Website, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Terms and Conditions. Therefore, if you do not agree to these Terms and Conditions or any other Lune Rouge policies, do not use the Website.
From time to time, there may be changes to the Website, including to these Terms and Conditions. Any modifications to these Terms and Conditions will be included on this page, and your use of the Website after modifications have been made constitutes acceptance of these Terms and Conditions as modified.
The Website is owned and managed by:
Lune Rouge Musique Inc.
2200 Stanley Street
You acknowledge and agree that Lune Rouge, its licensors, partners or third parties who may from time to time associate themselves with Lune Rouge for the presentation of the shows, events or for any other activities, own all rights, title and interest, including intellectual property rights (whether those rights happen to be registered or not, wherever in the world those rights may exist), in and to the Website and all information including, without limitation, data, applications, photographs, graphics, text, press releases, images, logos, icons, designs, trade names, trademarks, service marks, music, sounds, audio clips, recordings, videos, software, copyrights, other intellectual property and proprietary rights and the compilation thereof (collectively, the “Content”) contained on the Website. No right, title or interest in and to the Content and/or the Website is transferred to you as a result of your use of the Website.
Unless otherwise specified, it is forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use the Content, in full or in part, without Lune Rouge’s express written authorization. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without Lune Rouge’s express written authorization. Without limiting the generality of the foregoing, you acknowledge that: (i) the domain name is the exclusive property of Lune Rouge, and no appropriation of the domain name by registering related domain names shall be tolerated, and (ii) you are not entitled to use Lune Rouge’s trade names, trademarks, service marks, logos or any other distinctive brand feature without Lune Rouge’s express written authorization.
If the Website features hyperlinks to third party websites, Lune Rouge cannot be held responsible for the content of these websites. A hyperlink from the Website to another website does not mean or imply that Lune Rouge approves, sponsors or recommends the content of that website, or has any affiliation with that website (unless otherwise specified). When you access third party resources on the Internet in this manner, you do so at your own risk. Lune Rouge provides those links as a convenience to you and takes no responsibility for your use of those other websites or services or protection of your privacy on those other websites or services.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website: (i) may link to, but not replicate, the Content; (ii) may not imply that Lune Rouge is endorsing such website or its services or products; (iii) may not misrepresent its relationship with Lune Rouge; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray Lune Rouge or its products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Lune Rouge with undesirable products, services, or opinions. Lune Rouge may, in its sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Your Obligations As A User
You may use information about Lune Rouge purposely made available by Lune Rouge for downloading or copying from this Website, provided that you:
Do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices;
Use such information solely for your personal, non-commercial usage;
Refer to the Website as the source of the information; and
Do not make any representations or warranties relating to such information.
Any other use of the Website and the Content is strictly prohibited.
When you sign up for one of the Website's services, you must:
Provide true, correct, up-to-date and complete information about yourself; and
Regularly maintain and update your registration data in order to keep it true, accurate, up-to-date and complete.
By visiting the Website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offence or that could be detrimental to Lune Rouge.
Any illegal or unauthorized use of our Website shall constitute a violation of our Terms and Conditions. You do not have permission to access our Website in any way that violates these Terms and Conditions, the laws or regulations of the province of Quebec and the applicable laws of Canada or the country from which you are visiting the Website. Illegal or unauthorized use of our Website includes, but is not limited to: (i) using the Website in a way that would facilitate illegal ticket sales, or copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or, in any other way, exploit our Content, in whole or in part; or (ii) using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of the Website or any network connected to the Website, to reproduce or circumvent the navigational structure or presentation of the Website or any Content, or to damage or obtain unauthorized access to any system, data, password or other information of Lune Rouge, other Lune Rouge users, or any other third party.er third party.
Lune Rouge welcomes inquiries or feedback on its products or services. However, it is Lune Rouge’s policy to decline unsolicited suggestions, projects and ideas. As such, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, the “Comments”) sent to Lune Rouge shall be and remain the exclusive property of Lune Rouge. Such Comments will be treated as non-proprietary and non-confidential. Your submission of any such Comments shall constitute an irrevocable and perpetual assignment to Lune Rouge of all worldwide right, title and interest, including intellectual property rights, in and to the Comments, as well as a waiver of your moral rights in and to the Comments. Lune Rouge is entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, including for publicity and promotional purposes, without restriction or prior notice and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer codes or original artwork.
If you make Comments, you represent and warrant that you own or otherwise control the rights to the Comments. You further represent and warrant that such Comments do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Lune Rouge as to the origin of any Comments. You are solely responsible for the content of any Comment, and Lune Rouge assumes no liability for any Comment you submit. You agree to indemnify Lune Rouge for all claims arising from your claims to any rights in any Comments.
Disclaimers Of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A) YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUNE ROUGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. .
B) WITHOUT LIMITING THE FOREGOING, LUNE ROUGE DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (III) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. ACCORDINGLY, YOU (AND NOT LUNE ROUGE, OR ANY OF ITS LICENSORS OR THIRD PARTIES WITH WHOM LUNE ROUGE ASSOCIATES ITSELF FROM TIME TO TIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
D) WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUNE ROUGE OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Limitation Of Liability
TO THE EXTENT ALLOWED UNDER THE LAW AND UNLESS IT RESULTS FROM THEIR OWN ACT, LUNE ROUGE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF LUNE ROUGE, ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN LUNE ROUGE’S AGGREGATE LIABILITY (AND THAT OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS OR THIRD PARTIES WITH WHOM LUNE ROUGE ASSOCIATES ITSELF FROM TIME TO TIME) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN $100). SHOULD THE LIMITATION OF LIABILITY SET FORTH ABOVE NOT APPLY IN ANY PARTICULAR CASES, ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE WEBSITE 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.
You are responsible for your postings on the Website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to the Website or if somebody else uses your name or your password to cause damage to the Website or harm to Lune Rouge, you will be held responsible. Do not reveal your password to anyone.
In addition, you agree to indemnify and hold harmless Lune Rouge and other related entities, directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Lune Rouge and any third parties with whom Lune Rouge associates itself from time to time, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from the use of the Website. You also agree to indemnify Lune Rouge for any loss, damages, or costs, including, without limitation, reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Lune Rouge’s infrastructure.
Violation of these Terms and Conditions and of any other Lune Rouge policies or agreements, including unauthorized use of the Website, may be investigated, and suitable legal actions may be taken, including, without limitation, civil, criminal and injunctive remedy. You understand and agree that Lune Rouge may, at its sole discretion and without prior notice, terminate your access to the Website or exercise any other remedy it sees fit, if Lune Rouge deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom Lune Rouge believes you act in concert with, violates or is in breach with these Terms and Conditions or the law, or violates the rights of Lune Rouge, any third parties with whom Lune Rouge associates itself from time to time, a client of Lune Rouge or any other user of the Website.
The Website is operated from Montréal, Province of Québec, Canada. Any legal dispute between you and Lune Rouge is therefore subject to the laws applicable within the Province of Québec and the laws of Canada applicable therein, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the Courts of the Province of Québec, in the Judicial District of Montréal, in respect of any action or proceeding arising out of or related to the Website.
These Terms and Conditions, including the , constitute the entire agreement between you and Lune Rouge with respect to your use of the Website. These Terms and Conditions replace all previous agreements between you and Lune Rouge.
Lune Rouge may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. All requests for information about these Terms and Conditions may be e-mailed to Lune Rouge at .