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Thank you for visiting the ZUMANITY website. Please take the time to read our sites Terms and Conditions and our Privacy Policy. This is a legal document that describes your rights and responsibilities as a user, including important information on the discussion tools on ZUMANITY.
Always keep in mind that by using our site, you agree to these Terms and Conditions.
The Internet is evolving, and so is ZUMANITY. This means that there will be changes to our website, and Cirque du Soleil may modify the sites Terms and Conditions. Any modifications will be included on this page, and your use of the site after the modifications have been made constitutes acceptance of the Terms and Conditions as modified.
Your obligations as a user
To use this site, you must be over 18 years old.
You must respect all the Terms and Conditions specified in this document as well as all laws and regulations in the country from which you are visiting the site and all additional rules governing any particular services that you might use.
When you sign up for one of the sites services, you must:
provide true, correct, up-to-date and complete information about yourself;
regularly maintain and update your registration data in order to keep it true, correct, up-to-date and complete.
Otherwise, we reserve the right to suspend or cancel your registration and to forbid you from using the site and its services (immediately and in the future).
You may not use the ZUMANITY site for any purposes that violate the laws or regulations of Canada or the country from which you are visiting the site, or that violate the sites Terms and Conditions.
When and by visiting this site, you agree not to post, publish, transmit or communicate messages that might involve a criminal offence or that could cause any kind of damage to Cirque du Soleil.
Also, you may not prevent or attempt to prevent other Internet users from using the site and its services, or interfere with the operations of the site and its services.
We are the owners of the site content
The ZUMANITY site contains information, reports, data, applications, special offers, press releases, photographs, graphics, text, images, logos, icons, software, audio and video material, and other material (Content) belonging to Cirque du Soleil or to its sponsors, partners and other third parties. It is your responsibility to evaluate the accuracy, completeness, and usefulness of all the Content provided on our website. Cirque du Soleil does not endorse or represent the reliability, accuracy, or quality of any of the Content. The purchase or obtention of any item through the website is done at your risk.
You acknowledge and agree that all Content, including any material in the discussion sections and the compilation of the Content, is protected by copyright, trademark and other intellectual property and proprietary rights in effect in Canada, the United States, Europe and elsewhere, and that these rights are valid and protected in all forms, media and technologies that exist now or are developed or created in the future.
You may not copy, modify, delete, augment, publish, transmit, create derivative works of, create or sell merchandise derived from our content or in any other way exploit our Content, in whole or in part.
Unless otherwise stated, you may make copies of limited parts of our site only for your personal, non-commercial use. You may not modify these copies and you must retain all copyright, trademark, legends and other proprietary rights notices.
Our logos and all other marks of ZUMANITY belong to Cirque du Soleil. You may not use, display or post them without the authorization of Cirque du Soleil.
All other trademarks, products, services, company names and logos that appear on our site belong to their owners. You may not use, display or post them without the authorization of these owners.
Disclaimers of Warranties
You expressly acknowledge and agree that:
a) your use of the site is at your sole risk. The site is provided on an as is and as available basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited, to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
b) we do not warrant or represent that i) the site will meet your requirements, ii) use of the site will be uninterrupted, timely, secure, or error-free, iii) the results that may be obtained from the use of the site will be accurate or reliable, iv) the quality of any products, services, or information, or other material purchased or obtained by you through the site or that such items will meet your expectations, v) the servers that make the site available are free of viruses or other harmful components; or vi) any errors in the site will be corrected.
c) any material downloaded or otherwise obtained through the use of the site is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or obtaining of any such material. You (and not us or any of our affiliated companies or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction.
d) no advice or information, whether oral or written, obtained by you from us or through or from the site or the service shall create any warranty not expressly stated in these Terms and Conditions.
Limitation of Liability
a) we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or the inability to use the site or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site or resulting from unauthorized access to or alteration of your transmissions of data, including, but not limited to, damages for loss of profits, use of data or other intangible, even if we have been advised of the possibility of such damages. In no event shall our total liability (and that of our subsidiaries, affiliates, sponsors or licensors) to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed CAN $100.
b) if you are dissatisfied with any portion of the site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this site.
Your responsibilities and indemnification
You are responsible for your postings on our site, the downloading of files, the distribution of information and the transmission of data by your computer system.
In addition, you indemnify and hold harmless Cirque du Soleil, its associated organizations, directors, officers, administrators, managers and employees, and all other persons acting on behalf of Cirque du Soleil, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses (including any fees and expenses in any dispute between you and us) by any third party as a result of:
material that you have submitted, posted or sent through our site and/or one of the services offered on our site;
your use of the site and/or of one of the services offered on our site;
your connection to the site and/or the services offered on our site;
any default on your part in terms of respecting your obligations as stipulated in the Terms and Conditions;
violation of law or of the rights of any other person.
Hyperlinks to other sites
ZUMANITYs site features hyperlinks to other websites. We are not responsible for the content of these sites. A hyperlink from our site to another does not signify that we approve of or recommend the content of a site which does not belong to Cirque du Soleil.
Governing law
ZUMANITYs Internet site are operated from Montreal by Cirque du Soleil. Any legal conflict between a user and Cirque du Soleil is therefore subject to the laws of the province of Quebec, Canada.
Intellectual property rights
Cirque du Soleil respects the intellectual property of others and we ask that you do the same. If you have good reason to believe that your work has been copied or is being used on ZUMANITYs site in a manner that violates your intellectual property rights, we request that you inform Cirque du Soleil by providing the following information:
the signature, physical or electronic, of the person authorized to act on behalf of the owner of those rights;
a description of the work in relation to which you claim rights have been infringed;
the specific location on our site of the item that you claim is infringing your rights;
your address, telephone number and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury or false oath (as is appropriate under applicable law), that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the owners behalf.
Cirque du Soleils agent for notice of intellectual property claims is:
Cirque du Soleil
Attention: Julie Larouche
Telephone: 1 (514) 723-7646, Extension 7429
Fax: 1 (514) 723-7617
Other terms
The Terms and Conditions of ZUMANITY site constitutes the entire agreement between you and Cirque du Soleilan agreement that governs your use of the site. These Terms and Conditions replace all previous agreements between you and Cirque du Soleil. You may also be subject to additional terms and conditions when using certain services provided by third parties.
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
All claims or causes of action arising from or related to the use of the ZUMANITY site or its Terms and Conditions must be filed within one (1) year following the date on which such claim or cause of action first arose. Otherwise, they will be barred forever.
All requests for information about our Terms and Conditions may be sent to André Bélanger.
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