LAST MODIFIED: March 15, 2021
By using or attempting to use the Website, You certify that you are at least 13 years of age or, if under the age of 13, You have the consent of your parent or guardian (over the age of 18) to use the Website. If You do not meet these requirements or, if for any reason, You do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Website immediately.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement;
• Change the Website, including eliminating or discontinuing any content on or feature of the Website; or
• Change prices, fees or charges that could be listed on the Website.
Any changes We make will be effective immediately upon notice, which We may provide by means including, without limitation, posting a revised version of this Agreement on the Website. You can determine when this Agreement was last revised by referring to the date of “Last Modified” at the top of this Agreement. Your use of the Website after such notice will be deemed acceptance of such changes.
Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
2. Code of Conduct. In connection with Submissions (as defined below) and your use of the Website, You agree that You will not (collectively, the “Codes of Conduct”):
• Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
• Use the Website or Materials (as defined below) for any unlawful purpose;
• Express or imply that any statements You make are endorsed by Us, without Our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by Us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
• Remove any copyright, trademark or other proprietary rights notices contained in the Website;
• “Frame” or “mirror” any part of the Website without Our prior written authorization;
• Link to any page of or content on the Website other than the URL located at www.monlove.com;
• Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.
• Harvest or collect information about Website visitors or members without their express consent;
• Take any action that imposes an unreasonable or disproportionately large load on Our infrastructure;
• Access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
• Request more than 500 pages of the Website in any twenty-four-hour period, whether alone or acting in concert with a group of individuals; or
• Use any passcode or password, regardless of whether or not such password or passcode is unique, to participate in a presale or other offer on the Website if You are not the original recipient of such passcode or password (i.e., if You did not receive the passcode or password from MONLOVE, or from the fan club or other organization with whom MONLOVE is working to enable such presale or offer) or if your participation in such presale or other offer is inconsistent with such presale’s or offer’s terms.
While using the Website, You agree to comply with all applicable laws, rules and regulations.
3. Ownership and Restrictions on Use. The information and materials provided on or through the Website, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform You about the events, venues and other products and services offered or described on the Website. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. Modification or use of the Materials for any purpose other than as expressly authorized in this Agreement is a violation of Our copyright and other proprietary rights, and is strictly prohibited.
The Website, including all Website software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by MONLOVE in conjunction with others pursuant to contractual arrangements, and will remain the property of MONLOVE and its licensors and suppliers. The Website is protected by international copyright, trademark and other laws, and You acknowledge that these rights are valid and enforceable. You further acknowledge that You do not acquire any ownership rights by using the Website or the Materials.
The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks“) are the registered and unregistered trademarks of MONLOVE or its affiliates, licensors or suppliers, and others. The Trademarks owned by MONLOVE or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not offered by MONLOVE, in any manner that is likely to cause confusion with customers, or in any manner that disparages MONLOVE. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MONLOVE, MONLOVE’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and MONLOVE will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Descriptions or images of, or references to, products or services on the Website do not imply MONLOVE’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to MONLOVE’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to MONLOVE’s refund and exchange policies then in effect.
5. Information Provided by MONLOVE. Although MONLOVE strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Website is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although MONLOVE endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Website by various artists, creators and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and MONLOVE expressly disclaims any liability with respect to the foregoing.
6. Forums and Submissions. Please note that We and our designees host message boards, blog feeds and other forums found on the Website (collectively, the “Forums”), and You may have the ability to provide or upload to MONLOVE creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “Submissions”). By sending or transmitting Submissions to Us, or by posting such Submissions to any area of the Website, You grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, sublicensable (through multiple tiers), assignable, royalty-free, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display (publicly or otherwise), store, digitally perform, publish (on the Website, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize each Submission, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in MONLOVE’s sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to You or any third party. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. If MONLOVE does decide, in its sole discretion, to attribute a Submission to You, You hereby grant MONLOVE the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name.
You further acknowledge that MONLOVE (a) is under no obligation to post, display or otherwise use any Submission, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that MONLOVE receives directly or indirectly from the use or display of your Submission or otherwise from the exercise of MONLOVE’s rights granted under this Agreement. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against MONLOVE or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”
Information on Our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with MONLOVE. You acknowledge that a large volume of information is available in Our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MONLOVE with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or Forums by third parties, whether such third parties are visitors to the Website, members of the MONLOVE community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of MONLOVE. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will We or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Website. If notified by a user of a Submission that allegedly does not conform to this Agreement, MONLOVE may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the Submission.
Subject to the rights and licenses you grant to MONLOVE under this Agreement, You retain all rights to the ownership and use of your Submissions. By submitting a Submission, you certify that either (i) you are eighteen (18) years old or are an emancipated minor and have the right to submit the Submission and grant the licenses provided hereunder, or (ii) You have obtained your parent’s or legal guardian’s express consent to submit the Submission and to grant the licenses provided hereunder.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, You affirm, represent and/or warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to MONLOVE under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Website and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of such person in the manner contemplated by the Website and this Agreement or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
We have no obligation to monitor the Website, the Forums, or any Submissions that You or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Forums and the Submissions that You transmit or post; to alter or remove any such Submissions (including, without limitation, any posting to a Forum); to disclose such Submissions and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
8. Access by Minors. MONLOVE cannot prohibit minors from visiting this site. MONLOVE must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.
9. Access from Outside Canada. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Website and/or the provision of any service, products described thereon to any person, geographic area or jurisdiction, at any time and in Our sole discretion, and to limit the quantities of any such service or product that We provide.
11. Mobile Messaging. Billing / Pricing: You will only receive MONLOVE text alerts when You request them by entering a mobile promotion, which includes, without limitation, any contest, sweepstakes, or offer for products sponsored by MONLOVE or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will MONLOVE or its affiliates be responsible for any text messaging or wireless charges incurred by You or by a person that has access to your wireless device or telephone number as a result of a promotion. You understand, acknowledge and agree that MONLOVE may, at its sole discretion and without liability to You, terminate its offer of text alerts at any time without advance notice. MONLOVE may provide notices of termination or changes in services on this Website.
12. Termination. This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Website or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use the Website shall immediately cease, and you shall destroy all Materials obtained from the Website and all copies thereof, whether made under the terms of this Agreement or otherwise. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that MONLOVE may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that MONLOVE shall not be liable to You or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to You after any such termination.
13. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONLOVE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
MONLOVE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MONLOVE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. MONLOVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MONLOVE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
The Website, Materials or Forums could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Website, Materials or Forums. Although We attempt to ensure the integrity of the Website, we make no guarantees as to the Website’s completeness or correctness. In the event that a situation arises in which the Website’s completeness or correctness is in question, please contact Us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website, as well as information sufficient to enable us to contact You. We will try to address your concerns as soon as reasonably practicable.
14. Limitation of Liability. NEITHER OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MONLOVE HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MONLOVE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS, OR LINKED WEBSITE, AS APPLICABLE.
15. Indemnification. You agree to indemnify, defend and hold MONLOVE, its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website.
16. Questions. The Website is provided by Monlove Creations Inc. If you have any questions, comments or complaints regarding this Agreement or the Website, feel free to contact us at firstname.lastname@example.org
17. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of Quebec, Canada, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of Montreal, Quebec, Canadas, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicensable by You except with MONLOVE’s prior written consent. MONLOVE may freely assign or otherwise transfer this Agreement without your consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.