INTEGRITY AND ACCURACY OF THE INFORMATION
OBOX strives to ensure that the Content available on 33 MAG (the "Content") is complete, accurate and updated. The Content comes from sources believed to be reliable by OBOX, and is regularly updated. Despite this, it can sometimes contain inaccuracies, omissions, misprints or other deficiencies. Accordingly, 33 MAG and its entire Content are available to the public on a "as is" basis, without warranty of any kind, express or implied, including, among others, the implied warranties of merchantability, of non-infringement or of fitness for particular purposes or needs. Without limiting the generality of the foregoing, OBOX makes no warranty as to the availability and stability of the Content or as to the accuracy, reliability or accessibility of the Content offered.
You are requested to note that 33 MAG is regularly subject to technical maintenance operations, which may limit or prevent access for the duration of these operations.
OBOX cannot be held liable for any damages whatsoever, direct or indirect, arising in connection with the use of 33 MAG, including in particular any special damages, punitive damages, exemplary, incidental, moral, consequential or any loss of profits or data, damages for loss of business, loss or erasure of programs or data in an information system, and other expenses or damages resulting from the use or unavailability of 33 MAG. Furthermore, OBOX cannot be held liable for algorithms that 33 MAG contains, incompatibility of any software downloaded or copied from the Site, interruption, defect, delay treatment or transmission, or the presence of a virus, worm or Trojan horse computer or other destructive elements or a power failure or system, and that, whether or not OBOX was informed of the possibility of such damages, losses or expenses.
The Content of 33 MAG, referring specifically to all articles, texts, illustrations, images, photographs, information, audio clips, video clips, software, codes and layouts is protected by federal, provincial and foreign laws, especially with regards to copyright, and belongs to OBOX, its affiliates, its licensors and/or the person recognized as the provider of such Content. 33 MAG is protected under the laws of copyright as a collective work and/or compilation pursuant to federal, provincial and foreign laws. You agree to comply with all other notices of copyright information or restrictions in the Content which you can access through 33 MAG and/or its functionalities. OBOX grants you a non-exclusive, non-transferable license to use and display 33 MAG and/or its functionalities on your computer or other electronic device solely for the purpose of representation on a single screen. ANY MODIFICATION, REPRODUCTION, DISTRIBUTION, TRANSMISSION, REPRESENTATION, NETWORKING, PUBLISHING, COMMERCIALISATION, ASSIGNMENT, PUBLIC PERFORMANCE, DOWNLOAD, CREATION OF DERIVATIVE WORKS, POSTING ON INTERNET, SALE OF 33 MAG OR OF ITS CONTENT OR FEATURES, including, inter alia, any conservation in a cache server, framing or similar means, ARE PROHIBITED. However OBOX tolerates reproduction in one copy for backup or printing, for personal and non-commercial use, provided you do not modify the Content and that you retain the copyright notice.
All the functionality or software contained on 33 MAG, including without limitation any type of machine code, including all files and/or images contained in or generated by such software is protected by copyright law and may be protected by other rights. All these programs belong to OBOX, its affiliates or its licensors. You may not: i) use, reproduce, modify, adapt, translate, upload or transmit the software in whole or in part; ii) sell, lease, license or transfer the software or otherwise allow it access; iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or iv) decompile, disassemble, decrypt, extract or reverse engineer any Content of 33 MAG, including, without limitation, software or assist others in doing so.
Nothing on 33 MAG or on its features should be construed as granting you any right, title, interest or other license on 33 MAG or its functionality that can be downloaded from 33 MAG, including, without limitation, any intellectual property rights on its software.
OBOX, 33 MAG, ART HERE and BUBBLESHOUT.COM are trademarks of OBOX. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on 33 MAG may be trademarks of OBOX or third parties. Nothing contained on 33 MAG or its features should be construed as granting you a license or right to use any of the above mentioned elements of OBOX or a third party.
LIABILITY WITH RESPECT TO MINORS
The Content of 33 MAG targets an adult audience. Some sections of 33 MAG and/or its features may contain Content that is inappropriate for a minor. OBOX cannot be held liable for any damages whatsoever, direct or indirect, arising from the use of 33 MAG by minors.
OPINION OF THE EDITORS OF 33 MAG
The opinions of the columnists on 33 MAG do not reflect the opinion of OBOX.
DISPLAY AND ILLEGAL CONTENT
33 MAG offers features that allow you to view and post messages, data, text, software, music, sound, photographs, images, videos and other materials ("Your Content"). You may interact with OBOX, its employees and agents and other users.
When you view Your Content on 33 MAG or submit Your Content to OBOX, you grant a worldwide, unrestricted, irrevocable, non-exclusive, perpetual and free of charge license to OBOX to; i) use, reproduce, store, adapt, translate, modify, create derivative works, transmit, distribute, publish and/or make available to the public Your Content for any purpose, and ii) grant concession license to third parties with the unrestricted right to exercise any of the above rights. Furthermore, you hereby agree to; i) waive all moral rights you may have over Your Content to OBOX’s benefit; ii) allow OBOX to publish your name, address and e-mail along with Your Content, when applicable; iii) acknowledge and agree that OBOX cannot be held responsible for any loss, damage or corruption of Your Content; and iv) acknowledge that Your Content displayed on 33 MAG or submitted OBOX will be considered non-confidential.
You represent and warrant to OBOX that: i) Your Content is original; ii) Your Content does not infringe any intellectual property rights, including, without limitation, copyrights; iii) you are the sole owner of all intellectual property rights relating to Your Content; iv) Your Content does not contain any defamatory, obscene, violent, pornographic or blasphemous content and does not violate the privacy or image rights of third parties.
LINKS TO THIRD PARTY SITES
33 MAG contains hyperlinks to third party websites ("Third Party Sites") that will make you leave 33 MAG. OBOX provides these links for your convenience. Third Party Sites are not under the control of OBOX and hyperlinks cannot be construed as an approval or endorsement of Third Party Sites’ content by OBOX. OBOX offers no guarantee and is not responsible for any links Third Party Sites contain or any changes or updates made to the Third Party Sites.
LINKS TO THE 33 MAG
OBOX encourages hyperlinks to 33 MAG. However, OBOX does not want to be related to any Third Party Sites i) that contains a content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or would otherwise violate any local, provincial, national or international law or regulation, which is likely to affect or impair the operations, credibility or integrity of OBOX or which contain posts or transmit any material or information that goes beyond the moral standards of Canadian society, or ii) that contain, post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy rights, or which is protected by copyright, trademark or other proprietary right. OBOX reserves the right to prohibit or refuse to accept a hyperlink to 33 MAG at its sole discretion, at any time. You agree to remove any link you may have that leads to 33 MAG at OBOX’s request.
OBOX informs you that one or more witnesses ("Cookies") may be placed on the hard drive of the computer from which you are browsing 33 MAG. Cookies sent to 33 MAG are not intended to identify you. They record information about your navigation on 33 MAG performed from the computer on which the Cookies are stored. In no event are the Cookies designed to exploit personal information about you. You can oppose the registration of Cookies on the hard disk of the computer from which you navigate by changing your navigation software options for 33 MAG on the said computer.
TRANSACTIONS WITH THIRD PARTIES
In the event that, through 33 MAG you buy online products and/or services offered by third parties ("Third Party Goods") OBOX is not responsible for the legality, quality, accuracy, reliability or any other aspect of the Third Party Goods. If you make a Third Party Goods purchase from a Third Party Site hosted by 33 MAG or related to 33 MAG, the information obtained during your visit to the Third Party Site and the information you provide, such as your credit card number and contact information are solely collected by the Third Party Site and not by OBOX.
You release OBOX, its affiliates and their directors, employees, agents, licensors or their successors and assigns from any and all damages that you might incur, and agree not to assert them against any claim arising from your purchase of the Third Parties Goods or use of the merchandise offered on a Third Party Sites.
You agree to hold harmless OBOX, its affiliates and their directors, employees, agents, licensors or their successors and assignees from and against all demands, liabilities, costs or expenses of any kind, including, without limitation, legal fees and disbursements resulting directly or indirectly from i) your breach of the Terms, ii) your navigation, use or inability to navigate or use NIGHTLIFE. CA and/or its functionality, or hyperlinks on 33 MAG that is or may be linked to an opportunity iii) your use of any publications, communications or downloaded material of any kind from 33 MAG and/or its functionality, or that you have relied on them, and/or iv) your violation of the laws or regulations. You agree to cooperate with OBOX in the defense of any claim.
Your use of 33 MAG and of its features and the Terms are governed by the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws. You hereby acknowledge that any dispute arising out of or related to your use of 33 MAG or its features will be subject to the jurisdiction of the courts of the District of Montreal, Province of Quebec.
These Terms constitute the entire agreement between you and OBOX and replace any prior agreements between you and OBOX. You may not assign or transfer the Terms or any rights and/or obligations under them. The default of OBOX to exercise or seek enforcement of any right recognized by the Terms shall not constitute a waiver of such right or provision. In the event that a court of competent jurisdiction decides that any provision of the Terms is invalid or unenforceable, the remaining provisions of the Terms remain in force.