Last update: September 9th, 2024

USE OF WEBSITE
 This website www.momentfactory.com (the “Website”) is operated by Les
Studios Moment Factory Inc. (‘’Moment Factory’’,’’MF, ‘’we’’, ‘’us’’, ‘’our’’). The
following terms of use (the “Terms of Use”) govern the use of the Website.
Please read the Terms of Use carefully before using the Website. If you do not
agree to these Terms of Use, please leave the Website immediately.
If you are under 18, you declare that you have the authorization of a parent or
legal guardian to use the Website. Ask them to read these Terms of Use with
you.

If you are the parent or legal guardian of a user under the age of 18, by
authorizing your child to use the Website, you agree to be bound by the Terms of
Use and assume responsibility for your child's activity on the Website.
By using the Website, you agree to these Terms of Use. Moment Factory
reserves the right, at its sole discretion, to change, modify, delete or otherwise
alter parts of these Terms of Use at any time and without prior notice. Any such
changes, modifications, deletions or alterations will take effect immediately after
their publication on the Website. Please take note of the date of the last update
of these Terms of Use at the top of the page.
Your continued use of the Website constitutes your acceptance of all these
terms, conditions, and notices.

INTELLECTUAL PROPERTY

All content on this Website, whether in written, visual, binary, auditory or other
any kind of form whatsoever, including but not limited to design, text, images,
arts, graphics, photos, videos, drawings, music, sounds, trademarks,
applications, software or information (“Content”) is the property of Moment
Factory or the property of third parties, as the case may be. The Content is
protected by applicable intellectual property laws, (notably the Copyright Act,
R.S.C., c. C-42, or by any other provision of any other relevant law, in Canada
and abroad. It is illegal to reproduce, modify, download, publish, copy, display,
post, exhibit, share or otherwise distribute this content in whole or in part and,
likewise, to exploit it, notably by contributing to its sale or transfer, or by creating
works from it.

Moment Factory makes the Content available for the users strictly and solely for
personal use. We ask that you respect the rights of the artists and their
representatives under Canadian copyright law. For more information on
Canadian copyright law, visit http://laws-lois.justice.gc.ca/eng/acts/C-42/ 

All materials on this Website which are owned by another entity have been made
available for use on this Website with the knowledge and consent of the
respective intellectual property right owner(s). By accessing this Website, you
undertake and agree to the terms herein with respect to the laws that govern
copyright and trademarks.

Moment Factory shall grant no license other than that stated above and retains
all of its intellectual property rights over the content of this Website.

LIMITED LICENCE

Moment Factory grants you a limited, revocable, non-exclusive and non-
transferable licence to access and use the Website for personal use only, but
does not permit you to download, copy, modify or alter any part of the Website.
This licence does not allow any commercial or derivative use of the Website
and/or its Content. Any unauthorized use of the Website requires Moment
Factory’s written consent.

As such, it is strictly forbidden to copy, modify, adapt, reproduce, republished,
transferred, transmitted, uploaded, stored in a retrieval system or distribute in any
way, or create derivative works from the Content, as well as to create or sell
products derived from the Content or use the Content in any other way without
the prior authorization of its respective rightsholder.

Any modification or use of the Content other than what is authorized herein shall
constitute a violation of these Terms of Use. Unauthorized use of the Content
may result in penalties being imposed according to the laws of Canada.
Your use of the Website and access thereto does not grant you any license or
rights to any Content, including without limitation trademarks or commercial
names belonging to Moment Factory.

DISCLAIMER / EXCLUSION OF WARRANTIES

All the Content in this Website is provided "AS IS" and without warranties of anykind either express or implied. To the fullest extent permissible pursuant to theapplicable law, Moment Factory disclaims all warranties, express or implied, including but not limited to any representations regarding functionality or
condition of this Website  and/Content, its suitability for use, or that its use will be
uninterrupted or error-free, defects, the absence of viruses or other harmful
components, non-infringement or the correctness, accuracy, quality or reliability
of the Content herein. Moment Factory reserves the right in its sole discretion, to
modify or update this Website and the disclaimers and Terms of Use herein at
any time.

Moment Factory shall not be responsible in any way for the user’s usage of the
Website on any devices using 3g or 4g Internet data consumption or anything of
the same nature. The user hereby acknowledges and agrees that it shall be
solely responsible for its Internet data consumption and therefore the
user agrees to use its Internet data consumption at its own risk.

Moment Factory is not responsible in any way for the content of third parties on
the Website, whether displayed by Moment Factory or by third parties. Moment
Factory does not control this content and cannot be held liable if it is prejudicial,
inaccurate, offensive, threatening, defamatory, illegal or otherwise objectionable.
You acknowledge and agree that Moment Factory may incorporate certain
elements created by artificial intelligence obtained via various artificial intelligence platforms ("AI Elements") in the Website. You acknowledge that AI
Elements may involve certain risks, uncertainties and unpredictability at your own
risk.

HYPERLINKS

The Website may contain hyperlinks to other websites controlled by third parties.
Moment Factory shall in no way be held responsible for any content accessible
through these hyperlinks and does not guarantee the accuracy of the information
found on these linked websites. If you access the website of a third party using
this Website as an intermediary, you do so at your own risk and in no way hold
Moment Factory responsible.

Furthermore, under no circumstances may a third party imply that Moment
Factory is associated with or is endorsing a third party, its site or its products.
Third-party sites that link to this Website must not contain any content that may
be construed as distasteful, offensive or controversial and should contain content
that is appropriate for all age groups. Moment Factory may withdraw a third
party’s right to link at any time in its sole discretion.

LIMITATION OF LIABILITY
Under no circumstances, including but not limited to, negligence, shall Moment
Factory be liable for any direct or indirect damages that result from the use of, or
the inability to use, the Content in this Website, even if Moment Factory or an
authorized representative has been advised of the possibility of such damages.
Users must take reasonable precautions to ensure computers or mobile devices
are virus free and that they retain a backup of their files before attempting to
download any material off the Website.

Moment Factory notes that the Website may include inaccuracies or typographical errors from time to time.

Moment Factory reserves the right in its sole discretion to modify or update these Terms of Use and related disclaimers at its convenience.

INDEMNITY

You agree to indemnify and hold harmless Moment Factory, its employees,
officers, agents, affiliates and subsidiaries from any claim or demand, including
any costs, payments, losses, loss of profits, or other damages, direct or indirect,
monetary or otherwise, incurred by Moment Factory and its employees, officers,
agents, affiliates and subsidiaries, made by a third party by reason of or resulting
from your use of the Website and the Content, your violation of any of these
Terms of Use, or your infringement of the rights of another person or entity.
 
TERMINATION

These Terms of Use will terminate, without notice from Moment Factory if, in our
sole discretion, the user fails to comply with any term or provision hereof. Upon
termination, users must destroy all materials obtained from this Website and any
and all copies thereof, if any, whether made under the terms of these Terms of
Use or otherwise.

GOVERNING LAW / ENTIRE AGREEMENT

These Terms of Use shall be governed by and construed in accordance with the
laws of the Province of Quebec, as applicable notwithstanding any conflict of
laws provision. If any provision shall be deemed unlawful, void, or unenforceable,

then that provision shall be deemed severable from these Terms of Use and shall
not affect the validity and enforceability of the remaining provisions. This is the
entire agreement between the parties relating to the use of this Website and shall
not be modified except by Moment Factory from time to time as set out above.