Terms and conditions

Last updated: September 12th, 2022

Thank you for visiting the Groupe Lune Rouge Inc. (collectively, with its subsidiaries and affiliates, “Lune Rouge”) website (the “Website”). Please take the time to read and understand the Website’s Terms and Conditions. The following Terms and Conditions constitute a legal document that describes your rights and responsibilities as a user.

These Terms and Conditions also include Lune Rouge’s Privacy Policy.

By consulting and using the Website, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions, the Privacy Policy, all disclaimers and terms and conditions that appear elsewhere on this Website and all applicable laws. Therefore, if you do not agree to these Terms and Conditions, please do not use the Website and you agree that your sole and exclusive remedy is to discontinue using this Website.

From time to time, there will be changes to the Website, including 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.

Contact

The Website is owned and managed by:

Groupe Lune Rouge Inc. 2200 rue Stanley, Montréal, QC, H3A 1R6

Content

You acknowledge and agree that Lune Rouge, its licensors or partners 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, photographs, graphics, text, images, logos, icons, designs, trademarks, service marks, music, sounds, audio clips, recordings, videos, software, 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 of, sponsors or recommends the content of that website, or has any affiliation with that website (unless otherwise specified).

You are granted a limited, revocable, and nonexclusive 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 the Website, provided that you:

  • Do not modify this information or remove any copyright, trademark, service mark or other intellectual or proprietary rights notices;
  • Use such information solely for non-commercial purposes;
  • 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.

Any illegal or unauthorized use of the Website shall constitute a violation of these Terms and Conditions. You do not have permission to access the Website in any way that violates these Terms and Conditions, the laws or regulations of Canada or the country from which you are visiting the Website. Illegal or unauthorized use of the Website includes, but is not limited to 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 or reproduce or circumvent the navigational structure or presentation of the Website or any Content.

Contact Section

Lune Rouge welcomes inquiries or feedback on its products or services (collectively, the “Comments”), however, it is Lune Rouge’s policy to systematically decline all unsolicited creative projects. By “creative projects”, we mean, without limitation, ideas, concepts and projects related to a scenario, book, show, film, television or radio program, play, video game, technology or any other element related to activities of Lune Rouge. In accordance with its unsolicited creative projects policy, any email or other correspondence containing a creative project will be destroyed without Lune Rouge examining it and making any copies thereof.

If you make Comments, you 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 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 the Content, whether express or implied;
  • 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) 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 information obtained by you through the Website or that such information will meet your expectations; (vi) the servers that make the Website available are free of viruses or other harmful components, including during 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. You (and not Lune Rouge or third parties with whom Lune Rouge associates itself from time to time) assume the entire cost of all necessary servicing, repair or correction; and
  • D) without limiting the generality of the foregoing, no advice or information, whether oral or written, obtained by you from Lune Rouge or through or from the Website shall create any warranty not expressly stated in these Terms and Conditions. Limitation of Liability

For consumers:

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 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, or with these Terms and Conditions, immediately discontinue the use of Website and the Content.

For users other than consumers:

To the extent allowed under the law and unless it results from their intentional or gross fault, 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 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, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website and the Content.

Indemnification

You agree to defend, indemnify and hold Lune Rouge harmless for any loss, damage or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action or demand resulting from your 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 loan on Lune Rouge’s infrastructure.

Suspected Violation

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, or any third parties with whom Lune Rouge associates itself from time to time, a client of Lune Rouge or any other user on the Website.

Governing Law

The Website is operated from MONTRÉAL, QUEBEC, CANADA. Any legal conflict between a user and Lune Rouge is therefore subject to the laws of the province of QUEBEC and the applicable laws of CANADA, 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 QUEBEC, CANADA in respect of any dispute, action or proceeding arising out of or related to this Website.

Other Terms

These Terms and Conditions 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.

In the event of discrepancy between the French and English versions of these Terms and Conditions, the French version prevails.

Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership, or other form of joint enterprise between you and Lune Rouge. Lune Rouge’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision. If any term or provision of these Terms and Conditions or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms and Conditions 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. In lieu of each term or provision of these Terms and Conditions which is invalid or unenforceable, there shall be added as a part of these Terms and Conditions a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable.

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 contact@lunerouge.com.