Introduction and Acceptance
evenko is owned and operated by L’Aréna des Canadiens Inc., a duly incorporated company in the province of Québec, Canada. Where the present TOU refers to “evenko”, it may refer to evenko or L’Aréna des Canadiens Inc. or both, depending on the context.
If you have any questions about the TOU, please contact us here, or:
evenko Legal Services
c/o L’Aréna des Canadiens Inc.
1275 rue Saint-Antoine Ouest
General Code of Conduct for Use of the Services
By using the Services, you agree to:
(i) Not use the Services in any manner that in any way violates these TOU;
(ii) Not use the Services in any manner that violates any intellectual property rights of any third party;
(iii) Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to evenko or a third party, or to damage or obtain unauthorized access to any system, data, password or other information of evenko, other evenko users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by evenko in its sole discretion) an unreasonable or disproportionately large load on evenko’s (or its third party providers’) infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on the Services; (3) bypass any measures evenko may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Services in an unreasonable manner;
(vi) Use the Services in compliance with all applicable local, state / provincial, national, and international laws.
In no way will evenko be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary, for your use of websites or other services that may be linked to from the Services or the information thereon, or any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services, or caused by or in connection with, use of or reliance on any content, goods or services available on or through any linked-to website or service, or the actions of the operators of any such website or service.
Copyright and Intellectual Property Rights
The content, arrangement and layout of the Services, including, but not limited to, the trademarks, photos, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to evenko, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of evenko. Any unauthorized use of the content, arrangement or layout of the Website or Services, computer code, or images or trademarks found in the Services or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and evenko may take action accordingly.
The above paragraph further applies to third party property used as part of the Services, including but not limited to third party computer code.
Interruption of Service
From time to time, the Services may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, evenko shall not be held liable for any damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
Termination of the Services
You agree that evenko, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, for any reason, including, without limitation, if evenko believes that you have acted inconsistently with the letter or spirit of the TOU.
evenko may also, in their sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. Furthermore, you agree that the evenko shall not be liable to you or any third party for any damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from evenko’s termination of the Services or any part thereof.
All provisions of these TOU which by their nature should survive termination shall survive termination of the Services, including without limitation, intellectual property ownership provisions, disclaimer of warranties, indemnity and limitations of liability.
Notwithstanding any other term of the TOU or any act or failure to act by evenko or its agents or subcontractors, you agree to indemnify, defend and hold harmless evenko and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Services or the information therein, (ii) your participation in any activities arising from the Services, (iii) your violation of, or failure to perform your obligations under the TOU or, (iv) your violation of any rights of a third party.
Disclaimer of Warranties
You expressly understand and agree that your use of the Services, the information therein, or any activity arising from the use of the Services is at your sole risk. The Services, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services. The information provided through the Services written by evenko staff is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors may occur, and evenko is not responsible for any loss, financial or otherwise, resulting from changes or errors in information. evenko expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Services and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. evenko, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
Limitation Of Liability
You expressly understand and agree that evenko shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, the use of the Services, activities arising from your use of the Services, or the third party materials on the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by evenko, their affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Governing Laws and Jurisdiction
Use of the Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and evenko shall be brought exclusively in the courts located in the Judicial District of Montreal, Quebec, Canada.
(ii) evenko shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond evenko’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
© L’Aréna des Canadiens Inc. 2013