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DISCLAIMER
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1. Agreement and Definitions

This Disclaimer and Service Agreement ("Agreement") constitutes the agreement between the Montreal Muslims Web Site ("Montreal Muslims" or "Service") and you as a user who accesses or establishes a connection ("user", "you" or "your") to or with Montreal Muslims, which is owned and controlled by Reality Webs.

2. General Terms of Use

2.1 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service and any use of the Service made by others using your user name and password, if any. You are also solely responsible for ensuring that such use complies fully with the provisions of this Agreement.

2.2 Montreal Muslims reserves the right, in its sole discretion, to change, modify, limit or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. Montreal Muslims further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on Montreal Muslims's belief that your use of the Service violates this Agreement or the applicable law.

2.3 Montreal Muslims reserves the right, in its sole discretion, to change, modify or amend any or all of the provisions of this Agreement at any time or to impose new conditions including, but not limited to, adding fees and charges for use of the Service. Montreal Muslims will notify you of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service, after notice of changes to this Agreement have been made, will be deemed to be an acceptance by you of the changes.

2.4 IF YOU DO NOT AGREE TO THE PROVISION OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.

3. Rights in the Service

3.1 All content (including, but not limited to, text, software, photos, audio, video and graphics) provided by Montreal Muslims on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Reality Webs and/or Montreal Muslims. The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Montreal Muslims. All other trademarks appearing on the Service are the property of their respective owners.

3.2 You may download content from the Service solely for your personal, internal use, but will make no other use of the content without the express written permission of Montreal Muslims and the copyright owner or its authorized agent. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to Montreal Muslims and/or its licensors.

4. User Activities and User Information

4.1 You will use the Service and any content, material or information found on the Service solely for lawful purposes. You shall not upload, post or otherwise distribute to or disseminate through the Service any material or information of any kind that is unlawful, threatening, vulgar, defamatory, obscene, pornographic, abusive, or otherwise objectionable or violates any law or infringes or violates any rights of any other person or entity, or contains a commercial solicitation of funds, advertising, or a solicitation for goods or services. Any conduct by you that, in sole discretion of Montreal Muslims, restraints or inhibits any other user from using or enjoying the Service is not permitted.

4.2 You warrant that any material or information you upload, post or otherwise distribute or disseminate through the Service is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from you making any material or information available through the Service.

4.3 By making any material or information available through the Service, you automatically grant to Montreal Muslims a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal, internal use.

4.4 You agree that Montreal Muslims has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and Montreal Muslims is not responsible for any content of this material or information. However, Montreal Muslims reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, unlawful, threatening, vulgar, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, Montreal Muslims reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

4.5 Montreal Muslims reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. Montreal Muslims further reserves the right to distribute such data in forms that may or may not identify you individually or reveal your identity.

5. Disclaimer of Warranties & Limitation of Liability

5.1 You expressly agree that your use of the Service is at your sole risk. Neither Montreal Muslims nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers or licensors (and their respective directors, officers, employees, and agents) warrant that the Service will be uninterrupted or error free, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Service, any merchandise or services provided through the Service, or any links to other sites or services made available on the Service.

5.2 The information on the Service is provided solely on the basis that users will be responsible for making their own assessments of the matters discussed and are advised to verify all relevant representations, statements and information and obtain independent legal advice before acting on any information contained in or in connection with this site.

5.3 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

5.4 Under no circumstances, including, but not limited to, negligence, shall Montreal Muslims (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material or postings found on the Service or the Service itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that Montreal Muslims (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of Montreal Muslims (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) to you exceed the amount paid by you, if any, to Montreal Muslims during the three (3) months prior to any claim of injury or damage.

6. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Montreal Muslims (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. Montreal Muslims reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

7. Termination

Montreal Muslims may terminate this Agreement and your use of the Service, or discontinue the Service at anytime in its sole discretion. Montreal Muslims shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which Montreal Muslims, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.

8. Applicable Law and Disputes

This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the Province of Quebec. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the province of Quebec in any and all actions, disputes, or controversies relating to this Agreement.

9. General Terms

9.1 This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof.

9.2 This Agreement shall be binding upon and inure to the benefit of Montreal Muslims and its successors, trustees, and permitted assigns. Montreal Muslims may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by Montreal Muslims does not relieve you of your obligations under this Agreement.

9.3 No failure on the part of Montreal Muslims to enforce or to require the strict adherence or performance of any of the terms and conditions of this Agreement shall constitute a waiver of such terms and conditions and/or impair the right of Montreal Muslims to enforce or require strict adherence or performance of any of the terms and conditions of this Agreement.

 

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