For the purposes hereof, the terms "Montréal Museums", "we", "us" and "our" refer to the https://app.museesmontreal.org web platform and the Société des musées de Montréal, a non-profit organization whose head office is located at 333 Peel Street, Montréal, Québec, H3C 3R9 Canada.
We strive to ensure that the information on the Platform is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free of errors or omissions, or that it is current at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption or without fault. We disclaim all liability for damages that may result from the Platform's inaccessibility or from difficulties you may experience while accessing the Platform, including any interruption of service, network failure, malfunction of hardware, computer or other equipment or software, or any transmission that is faulty, incomplete, incomprehensible or deleted, whether or not such difficulties have been brought to our attention. Generally, without restricting the specific liability limitations set out above, and notwithstanding anything to the contrary, we shall not be liable for any damages that may arise from or in connection with the Platform or its contents.
Suspension and Termination
We reserve the right to suspend at any time, without notice, total or partial access to the Platform, including your account and any part of the transactional pages or our pages accessible through certain social media websites or our services. In addition, we reserve the right to stop downloading information to such sites, in which case we disclaim all liability for any damages you may suffer. All information on the Platform is subject to change without notice.
The Platform contains hyperlinks that may direct you to our service providers' or third-party websites (including internet payment services such as "Stripe™"). The fact that the Platform offers links to other websites does not mean that we endorse or approve the content of these websites or the products, services or publications that may appear on them. The content available through these hyperlinks is not subject to our policies. Therefore, we are not responsible for any damages you may suffer when you are redirected to another website by means of a hyperlink.
Using the Platform
The Platform and the services are made available to you and are provided exclusively for your personal, non-commercial use. You may not use the Platform in any way that competes with Montréal Museums' activities.
You may not use on the Platform any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbots, or any other harmful component, file, program or computer code designed to interrupt, destroy or limit the operation of the Platform. You shall not attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform, through password mining or other means; interfere with or disrupt the networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to any person or entity the user directory or other user information or usage data or any part thereof for any purpose other than those used for the Platform.
In order to use the Platform, you must register and create a personal user account. To do so you must be at least 16 years of age. You will need to submit personal information such as your name, address, telephone number, email address, and register a valid credit card to Montréal Museums. Your account information must remain accurate, complete and up to date at all times. Failing this, your access to your account may be suspended or terminated automatically and without notice.
You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities undertaken through your account. If you become aware of any unauthorized, criminal or illegal activity, you agree to immediately notify Montréal Museums at the following email address: email@example.com or by telephone at 514-845-6873 ext. 201.
You acknowledge that you use and rely on the Platform at your own risk. To the extent permitted by law, we make no warranties of any kind with respect to the Platform, all of which is provided to you on an "AS IS" and "AS AVAILABLE" basis. THE PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF QUALITY OF SERVICES RENDERED, OF NON-INFRINGEMENT, AND OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING OTHERWISE UNDER APPLICABLE LAW OR OTHERWISE IN THE ORDINARY COURSE OF BUSINESS OR IN THE MARKET PLACE. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION OR THAT IT WILL BE ERROR-FREE.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT SDMM IS NOT LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSS) ARISING OUT OF THE USE OF THE PLATFORM, OF ANY CONTENT PROVIDED, A THIRD PARTY WEBSITE, OR ARISING FROM THE ACTS OR OMISSIONS OF A USER, OR FROM THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, OR THAT SUCH DAMAGE OR LOSS IS REASONABLY FORESEEABLE.
In all cases, you acknowledge that the total and cumulative liability of Montréal Museums with respect to such damages is limited to an amount of $100 CAD.
YOU ACKNOWLEDGE AND ACCEPT THAT MONTRÉAL MUSEUMS IS NOT A MUSEUM BUT RATHER ACTS AS AN INTERMEDIARY BETWEEN USERS OF THE PLATFORM AND THE MUSEUMS. ACCESS TO THE MUSEUMS THAT YOU BENEFIT FROM BY USING THE PLATFORM OR PURCHASING PRODUCTS ON IT IS GRANTED BY INDEPENDENT THIRD PARTIES WHO ARE NOT EMPLOYEES, REPRESENTATIVES OR AGENTS OF MONTRÉAL MUSEUMS.
We comply with applicable laws governing the protection of personal information. [In addition, we use encryption techniques to ensure the confidentiality of information exchanged between you and Montréal Museums on transactional pages]. [We also protect the information exchanged when accessing the Platform through an unprotected platform or in a public place that could compromise the confidentiality of your personal information]. However, we disclaim all liability for any damages you may suffer as a result of your access to the Platform in such circumstances.
Communications by email or telephone (including text messages) are not secure or confidential. They may be lost or intercepted, just as communications made by other means (e.g., mail). No electronic system is completely secure or error-free. We disclaim all liability for any damages you may suffer as a result of the use of the Platform or the exchange of e-mails or electronic messages (including text messages), whether they originate from you or from us.
You are solely responsible for ensuring the protection and backup of your data when using your computer devices and platforms.
Trademarks and Intellectual Property
All web content (including text, illustrations, graphics, images, photographs, audio and video clips, software and code available on the Platform (collectively, the "Content"), including the manner in which the Content is presented, is protected by Canadian and foreign laws, particularly with respect to copyright, and belongs to Montréal Museums and/or third parties that have granted it a license. You are prohibited from : i) use, reproduce, modify, adapt, translate, download or transmit the Content, in whole or in part, or otherwise allow access to it; ii) modify, remove or cover any trademark or proprietary notice included in or on the Content or the Platform; and iii) decompile, disassemble, decrypt, extract or reverse engineer the Platform or any of its components, including but not limited to software, or assist anyone in doing any of the foregoing.
Certain names, words, titles, phrases, graphic elements, logos, icons or designs used on the Platform may be trademarks that belong to Montréal Museums, third parties that have granted it a licence or other service providers and/or are used with the consent of third-party owners. You agree not to remove, edit or otherwise modify the trademarks, service marks, logos and other information belonging to us that appear on the Platform. You may not reproduce, in whole or in part, or use in any way the trademarks and information appearing on the Platform, including user comments, without our prior written consent.
Social Media Websites
You may not assign or transfer your rights and obligations hereunder without the prior written consent of Montréal Museums, which consent may be withheld at the sole discretion of Montréal Museums.
By installing The Montréal Museums Platform and services, you hereby consent to the activation of the Platform by the Montréal Museums Society, a non-profit organization headquartered at 333 Peel Street, Montréal, Québec H3C 3R9 Canada, and to any future updates and enhancements. You may withdraw your consent at any time by uninstalling the Platform from your device. To request assistance, contact Montréal Museums at firstname.lastname@example.org