- CORTÈGE -
WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, REVISE OR OTHERWISE MODIFY THESE TOS. THESE MODIFICATIONS SHALL COME INTO FORCE IMMEDIATELY AND BE INTEGRATED TO THESE TOS UPON NOTICE TO THIS EFFECT, SAID NOTICE TO BE GIVEN BY ANY REASONABLE MEAN, INCLUDING BY DISPLAYING THE NOTICE IN CORTÈGE. YOUR CONTINUED USE OF CORTÈGE FOLLOWING THIS NOTICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO THE UPDATED TOS.
CORTÈGE IS THE EXCLUSIVE PROPERTY OF MONTREAL AND ITS ASSIGNS AND IS ALSO PROTECTED BY COPYRIGHT AND INTELLECTUAL PROPERTY LAWS AND INTERNATIONAL TREATIES.
CORTÈGE IS DESIGNED FOR PEOPLE OF ALL AGES. CHILDREN UNDER 13 YEARS OF AGE CANNOT ACCESS CORTÈGE WITHOUT THEIR PARENT’S OR LEGAL GUARDIAN’S PRIOR CONSENT TO THIS EFFECT, AND SUCH ACCESS MUST AT ALL TIMES REMAIN UNDER THE PARENT’S OR LEGAL GUARDIAN’S SUPERVISION.
APP AND LICENCE TO USE
- CORTÈGE is a free interactive mobile application that allows you to discover predetermined Montreal locations within the geographical limits of the Promenade Fleuve-Montagne route through a unique visual and sound experience. More specifically, CORTÈGE is a digital work of art commissioned by the Public Art Bureau of the City of Montreal from the PROJET EVA artist collective. CORTÈGE is an experience based mainly on sound content that Users can discover through numerous side quests inspired by performative practices associated with contemporary arts. By progressing through these side quests, Users meet each other and have to collaborate to reach the objectives set by the App. At certain stages of the experience, CORTÈGE may communicate with you by email, mail or text messages (SMS), provided that you have given your express consent to such communications.
- We hereby grant you a personal, limited, non-exclusive, non-assignable and revocable licence to use and access CORTÈGE in compliance with the terms and conditions set out in these TOS, subject to third party terms and conditions that may apply when downloading or using CORTÈGE. You may not use this App for any other purpose. You are prohibited from lending, renting, sublicensing, publishing, copying, modifying, adapting, translating, reverse engineering, decompiling or disassembling CORTÈGE, in whole or in part, without our prior written authorization, unless expressly authorized by applicable law.
- These TOS are entered into on the date on which the User agrees to them and shall remain in force until their termination, by either party, in accordance with the provisions herein.
- The App may not be compatible with all mobile devices, operating systems, connection services or service plans. All CORTÈGE features may not be available to all our clients. Availability may vary according to your geographical location, the type of mobile device that you use, service plan and any other factors or restrictions that may apply to you.
- To access all features and fully use CORTÈGE, each User must have a user account (“User Account”); to do so, follow the registration process in the application, or any other registration process provided. You must at a minimum provide your email address. More information may be required. At a certain stage in your CORTÈGE experience, if you wish, you may also receive information by email, text messages (SMS) and even packages to the civic address of your choice. In such cases, provided that you have given your express consent, your telephone number and civic address will be required. You may not provide a third party’s civic address if said party has not expressly agreed to it. When creating your User Account, you must also choose a password that must remain secret. It is your responsibility to create and keep up to date your User Account and safeguard its confidentiality and security. At all times, you may modify your settings and preferences directly in the App.
- Notwithstanding the foregoing, CORTÈGE may be accessed without a User Account. However, certain features may be unavailable and your experience incomplete. If you wish to access and use CORTÈGE without creating a User Account, the App shall create a guest account for you, which will be linked to your telephone number, if applicable, and/or your device’s unique alphanumeric identifier, namely a Media Access Control (MAC) address, International Mobile Equipment Identity (IMEI) or Unique Device Identifier (UDID), and a unique user name will be assigned to you. You may create a User Account at any time.
USER RESPONSIBILITIES AND INTERNET USE
- When using the App, you must comply at all times with the terms and conditions set out in these TOS. You undertake to only use the App for the purposes for which it was designed, namely entertainment purposes to explore an interactive, immersive, audio guided experience of various important locations on the territory of the City of Montreal. You understand and agree that you are solely responsible for your actions when using CORTÈGE and that MONTREAL cannot be held liable for these actions.
- Even though MONTREAL reserves the right to check data and logs of use to check whether CORTÈGE is used in compliance with these TOS, MONTREAL has no obligation to monitor your use of the App, User Account and/or data transmitted, shared or stocked by its services. You are entirely responsible for the content that you share or create through the App and User Account, it being understood that MONTREAL only provides an entertainment platform to CORTÈGE Users.
- Use of the App is subject to the laws applicable in Quebec. You undertake to comply with these laws and, without limiting the generality of the foregoing, not to (a) use the App or your User Account illicitly or illegally, including, without limitation, by violating third parties’ proprietary rights; (b) transmit or store material that may violate intellectual property rights or other rights of any third party, material that may include illegal, illicit, tortuous, oppressive, defamatory, sexual, violent or otherwise explicit content, or content that affects the privacy or integrity of third parties; (c) give false or misleading information; (d) circumvent any encryption or any other security or protection tool used with the App or User Account; (e) transmit or store Data belonging to a third party without first obtaining the required authorization; (f) transmit Data containing software viruses or other dangerous codes, files or computer programs such as Trojans, worms or delayed bombs; (g) disrupt or interfere with the servers of the network related to the App or User Accounts; (h) use any data mining, robot or similar data gathering and extraction tools on the App; (i) try to access the App, other Users’ accounts, systems or computer networks related to the App without authorization; or (j) otherwise misuse the App or use it for purposes incompatible with its design.
- You understand that you are solely responsible for your interactions with other CORTÈGE Users, including those pursuing or participating to the same side quests as you. You understand and agree that MONTREAL does not carry out any prior checks of its Users. You therefore agree to take all necessary precautions when interacting with other CORTÈGE Users. Furthermore, you agree to interact respectfully at all times with other CORTÈGE Users.
- You agree not to interfere with another User’s use and enjoyment of CORTÈGE and ensure that all access points (Internet, Wi-Fi, other) are secure. Moreover, you understand that you are responsible for obtaining and paying for all equipment and third party services (e.g. mobile device and Internet access) required to access and use the App.
DATA LOCATION AND STORAGE
- You hereby acknowledge and agree that the data transmitted, shared or stored through the App will be hosted on services located in the state of New Jersey (USA). You also acknowledge and agree that the data transmitted, shared and stored through the App may be processed by MONTREAL’s third party service providers to help MONTREAL adequately provide the application and related services.
- For the purposes herein, the expression “Intellectual Property Rights” means all current and future rights related to (a) a patent, trademark, domain name, copyright, system, software, software solution, application, source code, object code, compilation, know-how, information, invention, right of use, procedures, development, technical information, database, algorithms, engineering or reverse engineering; (b) any technology, including, without limiting the generality of the foregoing, look and feel, back-end and front-end technology, programming, development, migration, conversion, data extraction, Internet, multimedia and network tools, database, operating system, patch, subpatch, process, program, subprogram, software, piece of software, compiler, report generator, library, data, code, documentation, note, expertise and technological know-how; (c) the registration and any application to register any of the foregoing intellectual property rights.
- CORTÈGE and the Intellectual Property Rights of MONTREAL (or a third party licensor, including, without limitation, PROJET EVA, which owns all moral rights in and to the App) (collectively “MONTREAL’s Intellectual Property”) shall remain at all times the exclusive property of MONTREAL (or any such licensor, including, without limitation, PROJET EVA). Except as expressly provided herein, the User has no right or licence in or to MONTREAL’s Intellectual Property (or that of its third party licensors, including, without limitation, PROJET EVA). The User undertakes to take all reasonable measures to protect MONTREAL’s Intellectual Property. Furthermore, the User shall not copy, use or otherwise distribute MONTREAL’s Intellectual Property in any manner or for any purpose whatsoever, except as expressly authorized herein. The User shall not disassemble, decompile or reverse engineer any of MONTREAL’s Intellectual Property, including the App, or try to discover trade secrets or any other proprietary information of MONTREAL. The User also undertakes not to remove, hide or modify any copyright, trademark or other proprietary information notice appearing on or included in MONTREAL’s Intellectual Property.
- Any improvement, modification, request or suggestion to this effect, regarding MONTREAL’s Intellectual Property, including, without limitation, the App or User Account, made, proposed or coming from the User is MONTREAL’s exclusive property, the User hereby assigning to MONTREAL any and all intellectual property rights, titles and interests that the User could claim in MONTREAL’s Intellectual Property developed, whether or not, as part of these TOS, and furthermore the User waives any moral right that he or she may claim to have on MONTREAL’s Intellectual Property.
- The User shall immediately notify MONTREAL in writing of any unauthorized use of the App or any infringement, even alleged, of MONTREAL’s Intellectual Property or any other proprietary right owned by MONTREAL.
- Notwithstanding the foregoing, the User holds all proprietary rights in the content and data that he or she transmits, shares or stores through CORTÈGE. It is understood that MONTREAL has a limited licence, during the term of these TOS, to access and check the data for the purposes provided herein, as well as publish, reproduce and display the data through the App, including for promotional purposes, including the right to modify the data for display and technical or practical purposes.
- The term “Confidential Information” means any information (a) designated as confidential in writing by either of the parties hereto; (b) related to the App, User Account or MONTREAL’s Intellectual Property; (c) related to the parties’ activities; and (d) any other information received from a party as part of its relationship with the other party and which under the circumstances must be considered confidential.
- Each party undertakes to take all reasonable measures to prevent any unauthorized disclosure of the Confidential Information by employing no less than the same degree of care employed by such party to prevent any unauthorized disclosure of its own Confidential Information (but in any event, never less than reasonable care). Confidential Information disclosed as part of these TOS may only be used by the receiving party to further the objectives provided herein and execution of the party’s obligations in accordance herein.
- Confidential Information does not include information that (a) the receiving party has received rightfully from a third party that is not in violation of its confidentiality obligations; (b) is already known by the receiving party or the receiving party developed the information independently, without using Confidential Information (with supporting documented proof); (c) is part of the public domain; (d) has been approved for publication by a written authorisation from the disclosing party; or (e) must be disclosed under a court order or law, provided that the receiving party provide sufficient notice of such order to the disclosing party to allow this party to seek an injunction or other remedy to prevent such disclosure.
USE OF GEOLOCATION SERVICES
- CORTÈGE provides features or services that rely on location systems from devices that use the Global Positioning System (GPS), when available. By activating or using your mobile device’s geolocation, directly in your mobile device settings or App settings, you agree and acknowledge that MONTREAL (or its third party service providers) will gather information on your geolocation. You may at any moment prevent any geolocation by not using the geolocation features and deactivating the location mode in your mobile device settings. However, please note that one of the App’s main features requires the use of geolocation and deactivating this functionality may prevent CORTÈGE from working properly.
- The location data provided by the App is not supposed to be reliable. MONTREAL does not guarantee the availability, accuracy, exhaustiveness, reliability or speed of the location data or any other similar data transmitted by the App. THE GEOLOCATION SERVICES ARE NOT DESIGNED NOR MEANT TO BE USED AS AN EMERGENCY LOCATION SYSTEM.
LIABILITY EXCLUSION REGARDING USER GENERATED CONTENT IN THE APP
- We do not exercise any control over data created or accessible through the App or User Accounts or conversations between Users outside the App, including, without limitation, text messages (SMS) or emails. MONTREAL disclaims any liability for any action or omission, content or data generated and made available by Users in relation with the App. MONTREAL disclaims any liability for any losses or damages suffered by reason of any action or omission, content or data generated by Users. MONTREAL also disclaims any liability for any action or omission or any content that may be inaccurate, fraudulent, defamatory, slanderous, false, obscene or offensive and that you may encounter in relation with content generated by Users or in your interactions with other Users. Content generated by Users falls entirely under the responsibility of the User who made it available in or through the App.
- You understand and agree that you are solely responsible for your interactions with other CORTÈGE Users, including, without limitation, any interaction that may occur outside of the App, in real life, and, in this regard, you understand and agree that MONTREAL has no control over theses interactions. We recommend that you be careful and watchful during your interactions with other Users. Furthermore, you agree to be polite and respectful when interacting with other CORTÈGE Users.
- YOU USE CORTÈGE AT YOUR OWN RISK. NO INFORMATION OR OPINION, WHETHER WRITTEN OR ORAL, FROM MONTREAL OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. THE APP, INCLUDING, WITHOUT LIMITATION, ITS CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL ITS IMPERFECTIONS, WITHOUT ANY WARRANTY. FURTHERMORE, WITHIN THE EXTENT PERMITTED BY APPLICABLE LAWS, MONTREAL DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING THE APP, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ABSENCE OF INTERFERENCE, COMPATIBILITY WITH COMPUTER SYSTEMS, INTEGRATION, SECURITY, RELIABILITY, PUNCTUALITY, PERFORMANCE OF SERVICES, INCLUDING WARRANTIES ARISING FROM COMMERCIAL ACTIVITIES AND THE EXCLUSION OF SUCH WARRANTIES. MONTREAL DOES NOT WARRANT THAT CORTÈGE SHALL WORK UNINTERRUPTED OR THAT THE APP WILL BE FREE OF ERRORS OR SECURE, FREE OF ATTACKS, VIRUSES, HACKING, INTERFERENCE, CORRUPTION OR ANY OTHER DATA SECURITY BREACH, INCLUDING DATA LOSS.
- MONTREAL MAKES NO STATEMENT OR WARRANTY REGARDING CORTÈGE USERS’ BEHAVIOUR OR INFORMATION PROVIDED BY SAID USERS. ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED BY USING THE APP IS AT YOUR OWN DISCRETION. YOU UNDERSTAND THAT THERE ARE RISKS RELATED THERETO AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING, WITHOUT LIMITATION, TO YOUR MOBILE DEVICE, ANY OTHER DEVICE OR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY SYSTEM, OR DATA LOSS OR CORRUPTION THAT RESULTS OR MAY RESULT FROM YOUR USE OF CORTÈGE. IF YOU DO NOT AGREE TO THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO USE THE APP.
- WITHIN THE EXTENT PERMITED BY LAW, MONTREAL IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY RESULTING FROM YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE APP, WHETHER OR NOT MONTREAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, MONTREAL’S TOTAL OBLIGATION TO YOU IN RELATION TO ANY CLAIM RESULTING FROM THE APP SHALL NOT EXCEED 100 CAD. IF A LAW LIMITS OUR ABILITY TO LIMIT AN OBLIGATION OR DISCLAIM WARRANTIES, THE LIMITATIONS ABOVE DO NOT APPLY TO YOU. IN SUCH CASE, WE LIMIT OUR OBLIGATION AND DISCLAIM WARRANTIES WITHIN THE LIMITS PERMITTED BY LAW.
- MONTREAL DISCLAIMS ANY LIABILITY IN CASE OF DEFORMATION, INAPPROPRIATE, WRONG OR ABUSIVE USE, NEGLIGENCE, INAPPROPRIATE ELECTRICAL CURRENT OR TENSION, REPAIRS CARRIED OUT BY A THIRD PARTY, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FAILURE OF TELECOMMUNICATION SERVICES OR INFRASTRUCTURES, FIRES, FLOODS, VANDALISM OR NATURAL DISASTERS. EXCEPT FOR THE TERMS, CONDITIONS AND DEFINITIONS CONTAINED HEREIN, THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES OR COMMITMENTS PROVIDED WITH REGARD TO CORTÈGE.
- THE USER AGREES NOT TO USE THE APP FOR HIGH RISK ACTIVITIES WHERE AN ERROR COULD RESULT IN SERIOUS OR IRREVERSIBLE CONSEQUENCES, SERIOUS MATERIAL DAMAGE, SERIOUS PERSONAL DAMAGE OR DEATH.
- THESE WARRANTY EXCLUSIONS ARE AN ESSENTIAL CONDITION HERETO.
APP UPDATES AND INTERRUPTIONS
- You acknowledge that we have no obligation to offer updates, improvements, modifications, revisions or additions to the App or User Account or to notify you when these modifications are available.
- However, MONTREAL may from time to time develop corrections, updates or any other modification or improvement to the App (“Updates”). These Updates may be installed automatically without prior notice or additional authorization request. You hereby expressly consent to these automatic Updates. If you refuse these Updates, your only remedy is to stop using the App and User Account. If you continue to use the App or your User Account, your will automatically receive Updates. You acknowledge that you may have to install Updates provided by MONTREAL to be able to continue to use the App or your User Account and you agree to install them as soon as possible. At any moment, MONTREAL reserves the right to stop supporting previous versions of the App or User Account, to modify or delete App or User Account features, in whole or in part. MONTREAL cannot be held liable for the App or User Account being non-operational following an Update. The User remains responsible for his or her equipment’s compliance, for upgrading or modifying his or her equipment or services required to use the App or User Account.
- MONTREAL reserves the right to interrupt, at any moment, for maintenance purposes or other, momentarily, temporarily or definitely, access to the App or User Accounts, in whole or in part, and MONTREAL cannot be held liable for any such interruption.
- The User shall defend, hold harmless and indemnify MONTREAL, its directors and employees against all claims, requirements, costs, damages, losses, liabilities and third party expenses, including reasonable lawyer fees, brought by third parties in relation with use of the App or resulting from the nature of the data accessed, transmitted, shared or stored through the App or in relation with the User Account, or arising from the User’s actions or omissions. The User shall indemnify and hold harmless MONTREAL, its directors and employees against any claim regarding the use or telecommunication partner services or any other telecommunication or Internet companies.
EXTERNAL LINKS AND THIRD PARTY SERVICES
ADDITIONAL TERMS AND CONDITIONS FOR DIGITAL DISTRUBTION PLATFORMS
- If you access or download the App from an application store or distribution platform (hereinafter the “Digital Distribution Platform”), you acknowledge and agree that:
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country; and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
- These TOS are executed between MONTREAL and you, and not with the Digital Distribution Platform, and MONTREAL is solely responsible for the App and its content. The Digital Distribution Platform is under no obligation to provide maintenance and support service with regard to the App.
- To the extent permitted by applicable law, the Digital Distribution Platform shall have no other warranty obligation of any kind with regard to the App, and any claim, loss, liability, damage, cost or expense owing to any failure to comply or any warranty is MONTREAL’s sole responsibility, in accordance with the provisions herein;
- In the event of a third party claim to the effect that the App or your possession or use of the App violates a third party’s intellectual property rights, MONTREAL, and not the Digital Distribution Platform, shall be solely responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim. Furthermore, MONTREAL, and not the Digital Distribution Platform, shall be responsible for addressing any claims that you or a third party may have regarding the App or your possession and/or use of the App, including, without limitation: (a) any liability claim with regard to the App or User Account; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection laws or similar legislation.
- The Digital Distribution Platform and its subsidiaries are third-party beneficiaries of these TOS and, upon your acceptance of the terms herein, the Digital Distribution Platform shall have the right (and will be deemed to have accepted the right) to enforce these TOS against you as third-party beneficiaries thereof.
- If you access or download the App from an application store or distribution platform (hereinafter the “Digital Distribution Platform”), you acknowledge and agree that:
TERMINATION OF THESE TOS
- You may terminate these TOS by uninstalling the App from your mobile device(s). This termination does not end your obligations towards MONTREAL or its partners under these TOS.
- MONTREAL may at its sole discretion, remove or delete content or data that you shared through the App, when applicable, or suspend or deactivate your access, in whole or in part, to the App or terminate these TOS, in whole or in part, if you do not comply with the terms and conditions of these TOS, including, without limitation, your obligations under section 3.3 hereof, without MONTREAL incurring any responsibility. In case of termination, you must immediately stop using the App.
- Any termination or expiration of these TOS comes into effect immediately. When these TOS are terminated by either party, you must stop using the App, you will no longer be able to access your User Account, and your content and data stored on the App will no longer be accessible and may be erased immediately and without further notice.
- The provisions of sections 3.2, 3.3, 5, 6, 8, 9, 11, 14 and 15 shall survive the termination of these TOS.
- The validity, interpretation and enforceability of these TOS shall be governed and construed in accordance with the applicable laws of the province of Quebec and Canada, without giving effect to any conflict of law principle, if applicable, and the courts of the province of Quebec, district of Montreal, Canada, shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these TOS. The parties waive all defenses of lack of personal jurisdiction and forum non conveniens. However, in case of a dispute, the parties shall attempt to reach a resolution in good faith.
- If any provision of these TOS is held to be invalid or unenforceable in your jurisdiction, such provision shall be deemed null and void and the remaining provisions shall remain in full force and effect.
- The TOS are binding upon and inure to the benefit of the parties hereto and to their successors and permitted assigns.
- A delay, omission or failure by MONTREAL to exercise a right or power resulting from these TOS cannot be considered a waiver by MONTREAL to exercise such right or power, which may be exercised at any time and against any person, nor constitute a waiver to exercise such right for any subsequent violation.
- Either party cannot be held responsible towards the other party for any failure or delay in performance caused by circumstances beyond its control, including, without limitation, natural disasters, fires, flooding, labor disputes, riots, interventions by civil or military authorities, acts of war, declared or not, terrorism, failures of utilities and public services, failure of telecommunications services and other unpredictable events.
You may contact us regarding any questions about the App, side quests proposed in the App and User Account. Our contact information is:
Last update: July 17, 2017