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 any kind either express or implied. To the fullest extent permissible pursuant to the applicable 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.