Cirque du Soleil - Cirque Cub

1. Definitions

1.1 "User" means any person who has access to the Site or who is a member of the Club.

1.2 "Participant" means any subscriber to the Cirque Club discussion forum.

1.3 "Agreement" means the agreement between Cirque du Soleil and the User, pursuant to the terms and conditions hereinafter.

1.4 "Information" includes all data, in any form whatsoever, presented on the Site or on any other site linked to the Site, including, without limiting the generality of the definition above, any information of a promotional or commercial nature, concerning the activities of Cirque du Soleil, the Club or their sponsors, special offers, press releases and show reviews, as well as any information with respect to privileges, benefits, products and services offered by Cirque du Soleil, the Club or their sponsors.

2. Use of Information
Information provided or made available by Cirque du Soleil may be used only for general information purposes and must not be used for any other purpose. This Information could be inaccurate and may be modified at any time, without prior notice. Cirque du Soleil is under no obligation to update the Information and makes no representation or warranty with respect to information presented on other sites linked to its Site.

3. Confidentiality Policy
The Confidentiality Policy is an integral part of this Agreement and comprises in entirety Cirque du Soleil's representations and commitments with respect to the protection of personal information.

4. Illegal Behaviour
When visiting the Site, the User guarantees Cirque du Soleil that he or she will not post, transmit or communicate messages which might involve a criminal offence or incur Cirque du Soleil's civil liability, nor use the Site in any way which contravenes the law or which would prevent other Users from fully benefiting from the Site. In the same way, the User agrees not to post, transmit, reproduce or distribute in any way whatsoever Information obtained on the Site and which is protected by copyright or any other right of intellectual property without having obtained prior approval from the owner of these rights.

5. Cirque Club Discussion Forum

5.1 The Club's discussion forum (the "Forum") is a special venue for discussions about Cirque du Soleil's activities. The Forum is public, open and unmediated, and Participants are solely responsible for the messages they decide to send to other Participants.

5.2 By subscribing to the Forum, you agree to follow its rules and regulations of operation, including those outlined in section 5.4. Furthermore, you hereby grant a non-exclusive licence to other Participants and to Cirque du Soleil to use all or any of your contributions to the Forum.

Among other things, this user licence includes the right to reproduce and to communicate all or any of your contributions and to make them available on the Site. You also agree to refrain from contributions that violate copyrights or other intellectual property rights and to indemnify Cirque du Soleil for any damages and recourse that may result from such contributions.

5.3 Cirque du Soleil will not control the content of messages that are conveyed by or for the purposes of the Forum and will not be responsible for the content of these messages. Cirque du Soleil is under no obligation to monitor the content of these messages but reserves the right to carry out such surveillance from time to time, at its absolute discretion.

5.4 In order to enable Participants to profit fully from their participation in the Forum, each Participant agrees to ensure that his or her contributions are pertinent, relevant to the Forum's objectives, courteous and concise at all times.

5.5 Your subscription is subject to cancellation by Cirque du Soleil at any time and Cirque du Soleil assumes no responsibility with regard to any subscription cancellations it may deem necessary.

5.6 To cancel your subscription to the Forum, send a message to "Cancel My Subscription" by following the instructions provided.

6. Exclusion of Warranties
Information is provided without any contractual or legal warranty of any kind, whether expressed or implied, with regard to the reliability of the Information, its entirety, accuracy, conformity with a particular use or with rules of law of any territory, and Cirque du Soleil is not in any way liable for any error, omission or defect associated with a virus or a computer malfunction which may affect the Information.

7. Limitation of Liability
Cirque du Soleil, persons related thereto, its employees, directors or administrators cannot in any case be held responsible for damages, of whatever nature, or for the violation of laws or existing regulations in a territory, arising from access to the Site or to a site linked to the Site, membership in the Club, the use of the Information or any breach of the Agreement. It is expressly agreed that all Users waive rights and recourse against Cirque du Soleil, persons related thereto, its employees, directors or administrators, resulting directly or indirectly from such access, membership, use or breach, as the case may be.

8. General Remarks
The provisions of the Agreement are distinct and separable. The fact that one of the provisions is the object of a judicial notice of nullity and opposability does not affect the validity and opposability of other provisions of the Agreement. The fact that one party to the Agreement does not require that the other party execute one of the provisions stipulated in the Agreement will not be prejudicial to the future rights of this party. The fact that one party does not take recourse in case of breach of the Agreement should not be interpreted as a waiver to take such recourse in case of any fault of the other party.

9. Governing Law
The Club and this Site are controlled and operated out of Montreal.

9.1 Any dispute between a User and Cirque du Soleil will be governed by the laws in force in the province of Quebec, without considering the legal provisions with regard to the conflict of laws provided for in these laws, and the parties to the Agreement will submit to the exclusive jurisdiction of the courts of this province, for the district of Montreal, in the case of dispute or violation of the provisions of the Agreement.