Legal Stuff

Naked Underground Montreal (NUMTL) comprises several Web pages operated by Naked Underground Montreal.

1. Naked Underground Montreal Web Sites

Naked Underground Montreal Web Sites include:

www.numtl.com | www.numtl.ca

Your use of Naked Underground Montreal Web Site signifies your agreement to all the terms and conditions contained or referenced herein. If you do not agree to these terms and conditions you may not use Naked Underground Montreal Web Sites. Naked Underground Montreal reserves the right, at its sole discretion, to update or revise these Terms of Use without notice and you understand and agree it is solely your responsibility to visit this page from time to time to learn of changes and updates. Your continued use of Naked Underground Montreal Web Sites following the posting of any changes to the Terms of Use constitutes acceptance of such changes.

2. Agreement To Rules Of User Conduct

You agree to be bound, in addition to the terms and conditions of this document, by Naked Underground Montreal’s Privacy Policy, including but not limited to, agreeing not to use Naked Underground Montreal Web Sites for any unlawful purpose.

3. Proprietary Rights

You understand and agree that all content and materials, including the design elements, available on Naked Underground Montreal Web Sites (collectively “Intellectual Property”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights of their respective owners as clearly stated by the Canadian Intellectual Property Office. Unless expressly authorized by Naked Underground Montreal to do so, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Intellectual Property or any other content contained in Naked Underground Montreal Web Sites. Systematic retrieval of data or other content from Naked Underground Montreal Web Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without express, prior written permission from Naked Underground Montreal is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

4. Copyright Notice

All content on Naked Underground Montreal Web Sites, and Naked Underground Montreal’s rights therein, is protected and all of Naked Underground Montreal’s rights therein and thereto are expressly reserved. Third-party copyrights, trademarks, service marks, patents and other intellectual property are the property of their respective owners, and nothing contained herein conveys permission to you to use any Naked Underground Montreal or third-party Intellectual Property except as Naked Underground Montreal has the right to, and does, grant the same and not in any manner inconsistent with these Terms of Use.

5. Copyrighted Materials; Limited License

a. Generally

Naked Underground Montreal Web Sites contain various types of content including graphics, text, sounds, animated material, design and layout elements, and other copyrighted and similarly protected content owned or licensed by Naked Underground Montreal. Users are not permitted to use this information in any manner or for any purpose other than as expressly authorized herein and in Naked Underground Montreal Web Sites. The policies below relate solely to that content owned by Naked Underground Montreal.
By posting or submitting information (regardless of form or type) to Naked Underground Montreal Web Sites, you explicitly and unreservedly:

1. Grant Naked Underground Montreal the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and
2. Warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of such information by Naked Underground Montreal will not infringe or violate the rights of any third party or violate any law.

b. Permission Granted to Users of Naked Underground Montreal Web Sites

Acceptance of these Terms of Use, the Privacy Policy and Acceptable Use Guidelines conveys to accepting users permission to view, share, download, and print, for personal use only, any copyrighted and other protected materials (but not trade or service marks or logos, whether registered or otherwise) owned by Naked Underground Montreal and available on Naked Underground Montreal Web Sites, subject to the following conditions:

1. Such materials may only be used for personal, noncommercial, and informational purposes. Under no circumstances may they be posted, distributed or modified in any manner or form whatsoever using technology now existing or hereinafter arising;
2. All copyright and other proprietary notices must be retained in such materials; and
3. Users may not reproduce, copy, or redistribute the design or layout of Naked Underground Montreal Web Sites, individual elements of such design or layout, nor any trade or service marks or logos without Naked Underground Montreal’s prior express written permission.

c. Permission for Commercial Use

Reproduction, copying, or redistribution for any commercial purpose whatsoever of any materials or design elements on Naked Underground Montreal Web Sites is strictly prohibited without Naked Underground Montreal’s prior express written permission. Naked Underground Montreal reserves the right to grant such permission at its sole discretion upon written request for such permission reasonably detailing (i) what materials or design elements are at issue and their URL addresses, (ii) the nature of the use for which permission is sought, and (iii) the identity and nature of the entity requesting such permission. In addition, all such requests for permission must contain a statement to the effect that, if the permission sought is granted, the requesting entity shall defend and hold harmless Naked Underground Montreal from any and all claims, liabilities, expenses and costs, including reasonable attorney’s fees, that are connected in any way whatsoever with the requesting entity’s use of the materials or design elements for which such permission is granted, and failure to include a statement to such effect shall conclusively disqualify any such request from consideration for the permission sought.
Requests for permission for commercial use should be in writing and directed to Naked Underground Montreal at the mailing address at the end of these Terms of Use, attention: Legal Department.

6. Disclaimer Of Warranties

ALL MATERIALS, INFORMATTON, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Naked Underground Montreal WEB SITES FOR YOUR — USE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Naked Underground Montreal, ITS SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT Naked Underground Montreal WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS. YOUR — USE OF Naked Underground Montreal WEB SITES IS SOLELY AT YOUR RISK. BECA– USE SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF CERTAIN WARRANTIES, THIS PARAGRAPH MAY NOT APPLY, OR BE LIMITED IN ITS APPLICATION, TO YOU.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Naked Underground Montreal, ITS SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM THE — USE OF, OR INABILITY TO — USE, Naked Underground Montreal WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Naked Underground Montreal, ITS SUBSIDIARIES OR LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECA– USE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION CONTAINED IN THIS PARAGRAPH, Naked Underground Montreal’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

8. Indemnification

You agree, upon notice, to defend, indemnify, and hold harmless Naked Underground Montreal, its subsidiaries and other affiliated companies, and their employees, contractors, officers, directors and shareholders from any and all liabilities and claims of whatever nature, and expenses, including reasonable attorney’s fees, that arise from your use or misuse of Naked Underground Montreal properties. Naked Underground Montreal reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. In the event of such election you shall fully cooperate with Naked Underground Montreal in asserting any available defenses.

9. Severability And Integration

This agreement constitutes the entire agreement between you and Naked Underground Montreal with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals whether oral, written, or electronic between you and Naked Underground Montreal with respect to Naked Underground Montreal Web Sites and the content thereof. If any part of these Terms of Use shall be held invalid or unenforceable by a court or other governmental body of competent jurisdiction, such portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

10. Termination

Naked Underground Montreal reserves the right, in its sole discretion and without notice, to terminate your access to all or part of Naked Underground Montreal Web Sites for violation of these Terms of Use.

 

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