Terms of Use

Thank you for visiting the Multicolore website (the “Website”). Please take the time to read and understand our site’s terms of use ("Terms of Use", as updated, revised, supplemented, modified, or amended from time to time by Multicolore) as well as our Privacy Policy. The Terms of Use outlined below constitute a legal document describing your rights and responsibilities as a user.

By using the Website, you acknowledge that you have read and understood, and that you agree, without reservation, to be bound by these Terms of Use. If you disagree with any of these Terms of Use, we ask that you do not use the Website.

Changes may be made to the Website from time to time, including to these Terms of Use. Any modifications to our Terms of Use will be published on this page. Any subsequent use of the Website constitutes your acceptance of the Terms of Use as modified.

The Website is owned and managed by:

Multicolore
500, Sainte-Catherine East, H2L 2C6
Canada
E-mail: info@multicolore.ca

You acknowledge and agree that Multicolore, its affiliates, partners or third parties who may from time to time associate themselves with Multicolore to present shows, events or any other activities own all rights, including intellectual property rights (whether these rights are registered or not and anywhere in the world where these rights may exist), to the Website as well as any information, including data, applications, photographs, graphics, texts, press releases, images, logos, icons, designs, trademarks, copyrights, music, sounds, sound clips, recordings, video material, software, other intellectual property and proprietary rights and other material (collectively referred to as the "Content") found on the Website. Your use of this Website does not grant you any rights of any kind to the Content and/or the Site.

Unless otherwise specified, it is prohibited 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 such Content, in whole or in part, without the express written permission of Multicolore.

Please note that you may not frame or use framing techniques to surround the Website or any portion thereof without the express written permission of Multicolore. Without limiting the generality of the foregoing, you acknowledge that:

• the domain name is the exclusive property of Multicolore and that no domain name spoofing by means of the registration of related domain names is permitted, and that
• you are not authorized to use the trade names, trademarks, copyrights, logos or any other distinctive brand element of Multicolore without the express written permission of Multicolore.

If the Website contains links to third-party websites, Multicolore cannot be held responsible for the content of these third-party websites. The presence of a link leading to another website neither implies nor suggests in any way that Multicolore endorses, sponsors or recommends the content of that website or that Multicolore is affiliated in any way with that website (unless otherwise specified). When you access third-party resources, you do so at your own risk. Multicolore provides these links as a convenience and accepts no liability with respect to your use nor to the privacy protection policies of these other websites or services.

Multicolore grants you a limited, revocable and non-exclusive right to create a link directing to the home page of the Website for personal and non-commercial purposes only. Any website that includes a link to the Website:

• may include a link to the Content, but may not reproduce it;
• cannot suggest or imply that Multicolore endorses this other website, its services or its products;
• may not make any false or misleading claims regarding its relationship with Multicolore;
• may not include content that could be considered tasteless, obscene, offensive or controversial, and may only include content appropriate for all ages;
• may not present Multicolore, its products or services in a false, misleading, disparaging or otherwise offensive or objectionable manner, nor associate Multicolore with any undesirable products, services or opinions.

Multicolore may, at its sole discretion, request that you remove any link to the Website and, upon receipt of such a request, you must immediately remove that link.

You are authorized to use the information relating to Multicolore, as it has intentionally been made available to the public, by downloading or copying it from the Website, provided that:

• you do not make any changes to this information and do not remove any copyright, trademark and other intellectual or proprietary rights notices;
• you use this information solely for your personal, non-commercial purposes;
• you credit the Website as the source of this information; and that
• you do not make any claims or warranties relating to this information.

Any other use of the Website and the Content is strictly prohibited.

When you register for any of the Website’s services, you are required to:

• provide true, accurate, up-to-date and complete information about yourself; and
• regularly update your information so that it is always true, accurate, up-to-date and complete.

By visiting the Website, you agree not to post, publish, transmit or communicate any message that could give rise to a criminal offense or that could be detrimental to Multicolore.

Any illegal or unauthorized use of the Website shall constitute a violation of these Terms of Use. You are strictly prohibited from accessing the Website in a manner that violates these Terms of Use, the applicable laws or regulations of Quebec and Canada, or the country from which you are visiting the Website.

Illegal or unauthorized uses of our Website include, but are not limited to:

• using the website in a way that would facilitate illegal ticket sales, 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; and
• the use of any automatic device, program, algorithm or methodology, or any other equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of the Website or any network connected to the Website or reproduce or circumvent the navigational structure or presentation of the Website or any Content, or to cause damage or obtain unauthorized access to a system, data, password or other information belonging to Multicolore, other Multicolore users or any other third party.

Multicolore welcomes any request for information or comments on its products or services. However, Multicolore's policy does not allow Multicolore to accept any unsolicited project, suggestion or idea. Thus, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Multicolore shall be and remain the exclusive property of Multicolore. These Comments will be considered non-exclusive and non-confidential. Your submission of any such Comments shall constitute an assignment to Multicolore of all irrevocable worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Multicolore shall be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction 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 Multicolore, including any confidential information or any original creative materials such as a story, product idea, computer code, or original artwork.

By sending Comments, you declare that you own or otherwise control all of the rights related to these Comments. You further declare that these Comments do not constitute or contain computer viruses, commercial solicitation, chain letters, mass mailings or any other form of spam.[KK1]

You may not use a false e-mail address, impersonate any person or entity or otherwise mislead Multicolore as to the origin of Comments. You are solely responsible for the content of any Comments you submit and Multicolore will not be responsible for any such Comments. You agree to indemnify and hold harmless Multicolore for any legal action arising from any claim by you to Comment rights.

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 GOVERNING LEGISLATION, MULTICOLORE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

B) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MULTICOLORE DOES NOT ENDORSE, WARRANT OR REPRESENT IN ANY WAY THAT:
THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL OR UP-TO-DATE;
THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS;
USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED THROUGH THE WEBSITE, OR THAT SUCH SERVICES OR INFORMATION, WILL MEET YOUR EXPECTATIONS;
THE SERVERS HOSTING THE WEBSITE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, INCLUDING FROM ANY LINK TO OR FROM A THIRD-PARTY WEBSITE; OR THAT
ANY POTENTIAL ERRORS ON THE WEBSITE WILL BE CORRECTED.

C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA. THEREFORE, YOU (AND NOT MULTICOLORE, OR ANY OF ITS AFFILIATES OR ANY OF ITS LICENSORS, OR THIRD PARTIES WITH WHOM MULTICOLORE 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 THAT YOU HAVE OBTAINED FROM MULTICOLORE OR THROUGH THE WEBSITE OR ITS SERVICES, WHETHER IN ORAL OR WRITTEN FORM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

For consumers:

TO THE EXTENT PERMITTED BY LAW, UNLESS IT RESULTS FROM THEIR PERSONAL ACTION, MULTICOLORE (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM MULTICOLORE ASSOCIATES ITSELF FROM TIME TO TIME,) ACCEPTS NO LIABILITY FOR ANY OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

IN SOME CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY SHALL NOT APPLY IN SUCH PARTICULAR CASES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DEEMED INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MULTICOLORE (AND THAT OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM MULTICOLORE 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 MULTICOLORE WEBSITE OR ITS TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.

You are responsible for posts you publish 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 someone else uses your name or password to cause damage or harm to the Website or to Multicolore, you will be held responsible. We therefore recommend that you do not reveal your password to anyone.

In addition, you agree to indemnify and hold harmless Multicolore, its affiliates and other related entities, directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Multicolore and any third parties with whom Multicolore 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 and hold harmless Multicolore for any loss, damage or cost including, but not limited to, reasonable attorney fees, arising out of your use of virtual robots, spiders, web crawlers or similar, or any other action on your part that imposes an unreasonable burden on Multicolore's infrastructure.

Any violation of these Terms of Use or any other regulation, in particular unauthorized use of the Website, may be the subject of investigation and legal action, including, without limitation, civil, criminal or injunctive remedy. You acknowledge and agree that Multicolore may, without prior notice and at its sole discretion, terminate your access to the Website or apply any other sanction it sees fit, if Multicolore deems that your conduct or the conduct of any person whom Multicolore believes you act in concert with, violates these Terms of Use or the law, or that it infringes the rights of Multicolore, its affiliates or any third parties with whom Multicolore associates itself from time to time, a client of Multicolore, or any other user of the Website.

The Website is operated from Montreal, Quebec, Canada. Any legal dispute between a user and Multicolore is therefore governed by the laws and courts of the province of Québec and the applicable federal legislation of Canada, without regard to conflict of law provisions. In addition, you hereby accept to submit to the exclusive jurisdiction of the courts of the province of Quebec, Canada, in the judicial district of Montreal, in the event of any dispute, action, or proceeding arising out of or related to the use of the Website.

These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Multicolore with respect to your use of the Website. These Terms of Use replace all agreements previously established between you and Multicolore. Please note that you may also be subject to additional terms and conditions when you use certain services provided by Multicolore or third parties, such as the terms of the Purchase Agreement.

No failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If one or more of the terms or provisions of these Terms of Use shall be held invalid or unenforceable, in part or in their entirety, the remainder of these Terms of Use, the Privacy Policy and the Purchase Agreement will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the full extent permitted by the applicable law. Multicolore may, with or without notice, terminate any right granted under these Terms of Use. You must comply immediately with any notice of termination or other notice, including, if applicable, by ceasing all use of the Website.

Any request for information about these Terms of Use should be sent by e-mail to Multicolore at the following address: info@multicolore.ca.