Thank you for visiting the Cirque du Soleil® website. Please take the time to read and understand our site's Terms and Conditions, which include our Copyright Policy and our Privacy Policy. This is a legal document that describes your rights and responsibilities as a user, including important information on the purchase of tickets or other products and on the Cirque Club discussion forum. When reference is made to this "Agreement", it shall include the Terms and Conditions and the Privacy Policy. You can also read and accept this Agreement in French and Spanish. If you have any questions about this Agreement, please feel free to Contact Us.
By using our website, you agree to these Terms and Conditions. Therefore, if you do not agree to these Terms and Conditions or any other Cirque du Soleil® policies, do not use this website.
The Internet is evolving, and so is Cirque du Soleil®. This means that there will be changes to our website, and Cirque du Soleil® may modify the website's Terms and Conditions from time to time. Any modifications to our Terms and Conditions will be included on this page, and your use of the website after modifications have been made constitutes acceptance of the Terms and Conditions as modified.
CONDITIONS OF SALE AND CONTRACTUAL OBLIGATIONS
Parties
The parties to this Agreement are:
GAÏA LUXEMBOURG S.A. [Registration B151809] [NL823430091B01], in respect of the Corteo show presented during the European Tour.
("Cirque du Soleil")
16 Avenue Pasteur
L-2310 Luxembourg
Grand Duchy of Luxembourg
Email: sales@cirquedusoleil.com
- AND -
You (also referred to as the "Customer")
Purchased Tickets
You hereby agree to purchase and Cirque du Soleil agrees to sell the ticket(s) detailed in your Order Information.
Delivery
These tickets can either be delivered by regular mail, e-mail at the postal or e-mail address you indicate or, when such option is possible, by will call (pick-up). If you choose to receive the tickets by e-mail, just print your e-tickets and present them at the show. Note that certain delays and convenience fees (as more fully detailed during the purchase process) are applicable depending on the delivery mode you choose in your Order Information.
Order Confirmation
Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number. You must keep your confirmation number.
If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that you may cause during the purchase of tickets process. In such case, Cirque du Soleil shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring or caused by your fault or negligence during the purchase of tickets through this website, including without limitation, the failure of a transaction to be completed or confirmed.
Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order. This can delay the processing of the order and the delivery of the tickets. In such case, Cirque du Soleil's Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Cirque du Soleil is unable to reach you after an initial attempt, it shall reserve the right to cancel your order and sell your tickets to another customer.
Obligation to Pay
By accepting the terms of this Agreement, you agree to pay the full cost of the tickets ordered, including any applicable taxes and delivery, convenience and other fees.
Refunds and Exchanges
You must review your ticket selection before you submit and confirm your order. Subject to the provisions below for cancelled and/or postponed shows, there are no exchanges or refunds seven (7) days after a ticket has been purchased.
Cancelled and/or Postponed Shows
When a show is cancelled or postponed, Cirque du Soleil may either offer you an exchange, if reasonable to Customer, or a refund. Cirque du Soleil will inform you if a show is cancelled or postponed. Please make sure to provide your order confirmation number at the time of your inquiry to facilitate processing of your refund or exchange, as applicable. Cirque du Soleil may change its refund and/or exchange policies at any time, at its sole and exclusive discretion.
Late Comers
The show starts on time and latecomers are admitted only during a suitable break in the performance. Late-coming wheelchair-users can only be admitted at the intermission.
Right to Cancel Tickets, Refuse Access and Expel
Cirque du Soleil reserves the right to cancel any tickets or order of tickets through this website and to institute legal proceedings against you if you breach any terms and conditions of this Agreement or this website.
Cirque du Soleil reserves the right to request photo ID of the ticket holder.
In the event any person attending a show is judged unmanageable or exhibits behaviour which is considered inappropriate, or fails to comply with Cirque du Soleil rules, Cirque du Soleil reserves the right to, without any refund or compensation, to terminate such person's license to attend the show. The tickets purchased on this website are revocable licenses and admission to a ticket holder may be refused for any valid reason upon refunding the ticket's face value. Tickets shall not be redeemable for cash.
Recording, Transmission and Publication
All cameras, tape recorders and video recorders (including when incorporated in cellular phones) and their use are strictly forbidden on the site of the show. You hereby grant Cirque du Soleil the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the show in any means or circumstances, without any further permission or compensation.
No Resale
Any resale of tickets is strictly prohibited. Cirque du Soleil reserves the right to cancel the license granted under the tickets in connection with any fraudulent sale of such tickets, without refund or other compensation. This ticket may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold without the prior written authorization of Cirque du Soleil.
Use of Personal Information
In addition to and without limiting the generality of the provisions set out in our Privacy Policy, by purchasing ticket(s) through this website, you expressly agree that the personal information you provide us may be used by Cirque du Soleil or its affiliates, in order to add you to its or their distribution list, to propose you offers and for other promotional or marketing purposes. We remind you that if you wish that we discontinue use of your personal information, please Contact Us.
Applicable Laws
If the tickets purchased through this website are for a show presented in the Netherlands, the parties hereby agree that this Agreement shall be interpreted and governed by the laws of the Netherlands and the applicable laws of the Grand Duchy of Luxembourg, unless provided otherwise by local laws.
Content
This website contains information including, without limitation, reports, data, applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property and proprietary rights and other material ("Content") belonging to Cirque du Soleil or to its affiliates and other related entities, sponsors, partners, representatives, all other persons acting on behalf of Cirque du Soleil 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.
By using this website, you acknowledge and agree that all Content, including any material in the Cirque Club discussion forum 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, mediums and technologies that exist now or are developed or created in the future. No right, title or interest in any Content on this website, including, but not limited to, Cirque du Soleil logos and other marks, is transferred to you as a result of your use of this website and Cirque du Soleil reserves complete title and full intellectual property rights in and to such Content.
Without limiting the generality of the foregoing, you acknowledge that this website contains trademarks, products, services, company names, logos, intellectual and proprietary rights and other material of third parties ("Third Parties Rights") and that such Third Parties Rights belong to their respective owners. It is forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Third Parties Rights without the express authorization of their respective owners.
More specifically, the following trademarks are used under license by Cirque du Soleil: Apple Corps Limited for The Beatles (word & design), Cirque du Soleil for Cirque du Soleil (word & design) and The Cirque Apple Creation Partnership for Love (word & design).
Cirque du Soleil's website features hyperlinks to other websites. We are not responsible for the content of these websites. A hyperlink from our website to another does not mean or imply that we approve of or recommend the content of a website which does not belong to Cirque du Soleil.
You may use information about Cirque du Soleil purposely made available by Cirque du Soleil for downloading or copying from this site, provided that you:
Any illegal or unauthorized use of our website shall constitute a violation of our Terms and Conditions. You do not have permission to access our website in any way that violates these Terms and Conditions. Illegal or unauthorized use of our website includes, but is not limited to, using the website in a way that would facilitate illegal ticket sales, copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part.
Your Obligations as a User
To use this site, you must be at least 13 years of age. This website is not intended for children. We ask that parents make sure that their children do not fill out our online forms. In addition, to purchase tickets from this site, you must be at least 18 years of age.
You must respect all the terms of use specified in these Terms and Conditions as well as all laws and regulations in the country from which you are visiting the website and all additional rules governing any particular services that you might use (for example, ticket purchases, discussion forum or the Cirque Club).
When you sign up for one of the website's services, you must:
Otherwise, we reserve the right to suspend or cancel your registration and to forbid you from using the website and its services (immediately and in the future).
It is forbidden to use the Cirque du Soleil website for any purposes that violate the laws or regulations of the Netherlands, the Grand Duchy of Luxembourg or the country from which you are visiting the website, or that violate this website's Terms and Conditions.
By visiting this website, 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.
It is forbidden to use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
It is forbidden to attempt to gain unauthorized access to any portion or feature of the website or any network connected to the website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
The Cirque Club Discussion Forum
This public forum, open to everyone and with no moderator, is dedicated to Cirque du Soleil activities. By using the forum, you agree to post only appropriate, concise, polite messages that correspond to the forum's theme and agree not to use obscene, profane or threatening language in any message posted on the forum.
You agree not to submit any content that violates any copyright, intellectual property or privacy rights of any third party, nor any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, illegal (under Canadian, U.S. or foreign law) or otherwise objectionable. It is also prohibited to submit any executable files or any computer codes or programs to or through the forum or the website.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Cirque du Soleil shall be and remain the exclusive property of Cirque du Soleil. Your submission of any such Comments shall constitute an assignment to Cirque du Soleil of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Cirque du Soleil will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer codes or original artwork.
You are solely responsible for the content of any message you post on the forum and Cirque du Soleil assumes no liability for any content you submit. Cirque du Soleil may, but is not legally obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other guests to this website or any third party. Cirque du Soleil reserves the right to purge the content you provide after ninety (90) days of creation.
Cirque du Soleil may, at any time, cancel your registration in the forum, without prior warning or justification. If you wish to cancel your forum registration, go to the "Profile" section of this website and follow the instructions.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A) YOUR USE OF THE WEBSITE IS AT YOUR ENTIRE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
B) WITHOUT LIMITING THE FOREGOING, Cirque du Soleil DOES NOT WARRANT OR REPRESENT THAT (I) THE INFORMATION ON THIS WEBSITE IS ACCURRATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, TICKETS, OTHER PRODUCTS OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS OR THAT SUCH ITEMS WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE 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 AFFILIATES OR OTHER RELATED ENTITIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, SPONSORS, REPRESENTATIVES, SUPPLIERS OR OTHER PARTNERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
D) WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Cirque du Soleil OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, SPONSORS, DISTRIBUTORS, VENDORS, SUPPLIERS, REPRESENTATIVES, PARTNERS OR ALL OTHER PERSONS ACTING ON BEHALF OF Cirque du Soleil, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, TICKETS OR OTHER PRODUCTS OR RESULTING FROM ANY SERVICES, TICKETS OR OTHER PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE 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 INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE Cirque du Soleil WEBSITE 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.
IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND THAT OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR OTHER RELATED ENTITIES, DISTRIBUTORS, VENDORS, SUPPLIERS, PARTNERS, SPONSORS, REPRESENTATIVES OR ALL OTHER PERSONS ACTING ON BEHALF OF Cirque du Soleil) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED EUROS (€ 100).
Indemnification
You are responsible for your postings on our website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to our website or if somebody else uses your name or your password to cause damage to our website or harm to Cirque du Soleil, you will be held responsible. Do not reveal your password to anyone.
In addition, you agree to indemnify and hold harmless Cirque du Soleil, its affiliates and other related entities, directors, officers, administrators, managers, employees, representatives 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 arising from or relating to your purchase of tickets and your use of this website and any content contained herein.
Suspected Violation
Violations of these Terms and Conditions and of any other Cirque du Soleil policies or agreement, including unauthorized use of the Cirque du Soleil website, may be investigated and suitable legal actions may be taken, including, without limitation, civil, criminal and injunctive remedy. You understand and agree that Cirque du Soleil may, at its sole discretion and without prior notice, terminate your access to the Cirque du Soleil website, cancel your ticket order or exercise any other remedy it sees fit, if Cirque du Soleil deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom Cirque du Soleil believes you act in concert with, violates or is in breach with these Terms and Conditions or the law, or violates the rights of Cirque du Soleil, a client of Cirque du Soleil or any other user on our website.
Copyright Policy
Cirque du Soleil reserves the right, at its sole discretion, to remove or disable access to material it believes, at its sole and absolute discretion, infringes on any party's intellectual property rights, to notify the relevant user that it has removed or disabled access to such material, and to terminate the privileges of any user who uses this website to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Specifically, users who submit Content to the Cirque Club discussion forum (including articles, images, stories, software or other copyrightable material) must ensure that the content they upload does not infringe the copyrights or other intellectual property rights of Cirque du Soleil and/or others. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that the Cirque du Soleil website has been used as an instrument of unlawful infringement, Cirque du Soleil reserves the right to terminate the infringing user's rights to use/or access our website and to pursue any and all legal claims it may have against such user. We also reserve the right, in our sole discretion, to terminate a user's right to use or access to the website prior to that time if we believe in our sole and exclusive discretion that infringement has occurred.
Intellectual Property Rights
Cirque du Soleil respects the intellectual property rights 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 our website in a manner that violates your intellectual property rights, we request that you inform Cirque du Soleil by providing the following information:
Cirque du Soleil's agent for notice of intellectual property claims is:
Cirque du Soleil
Attention: Karine Hachey
Telephone: 1 (514) 723-7646, Extension 8051
Fax: 1 (514) 723-7606
Other Terms
The Terms and Conditions, including the Privacy Policy of the Cirque du Soleil website constitutes the entire agreement between you and Cirque du Soleil with respect to your use of the website. 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 requests for information about our Terms and Conditions may be sent to Luc Landry.