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 Circus Chimera policies, do not use this
website.
Circus Chimera reserves the right to change the
content of this site and may also 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.
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 Circus Chimera or to its affiliates and other related
entities, sponsors, partners, representatives, all other persons
acting on behalf of Circus Chimera and other third parties. It is
your responsibility to evaluate the accuracy, completeness and usefulness
of all the Content provided on our website. Circus Chimera 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 Chimera Fan Club
compilation of the Content, is protected by copyright, trademark
and other intellectual property and proprietary rights in effect
in the United States, 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, Circus Chimera logos and other marks, is transferred to you
as a result of your use of this website and Circus Chimera 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.
Circus Chimera'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 Circus Chimera.
You may use information about Circus Chimera purposely
made available by Circus Chimera for downloading or copying from
this site, provided that you:
Do not modify this information or remove any copyright,
trademark and other intellectual or proprietary rights notices;
use such information solely for your personal, non-commercial purposes
and do not post this information on the Internet, any website, any
networked computer or broadcast it in any media; and do not make
any representations or warranties relating to such information.
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 include, 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 11 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.
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 or the Chimera Fan Club).
When you sign up for one of the website's 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 website and its services (immediately
and in the future).
It is forbidden to use the Circus Chimera website
for any purposes that violate the laws or regulations of the United
States 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 Circus Chimera.
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.
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, CIRCUS CHIMERA
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, OR INFORMATION,
OR TICKETS OTHER PRODUCTS OR MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE WEBSITE 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 OR THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CIRCUS CHIMERA 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 CIRCUS CHIMERA 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 CIRCUS
CHIMERA) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE
WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES
DOLLARS (USD $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 to cause damage to our website
or harm to Circus Chimera, you will be held responsible.
In addition, you agree to indemnify and hold harmless
Circus Chimera, its affiliates and other related entities, directors,
officers, administrators, managers, employees, representatives and
all other persons acting on behalf of Circus Chimera, from and against
all claims, actions, damages or other demands, including reasonable
attorney fees and expenses arising from the use of this website.
Contests, Sweepstakes and
Promotions
Except where prohibited by law, by using this website or any of
its services, including without limitation, by purchasing tickets
or other products and by becoming a member of the Chimera Fan Club,
you expressly agree that Circus Chimera may register you in any
contests, sweepstakes or promotions organized by Circus Chimera
or any of its affiliates and other related entities, including,
without limitation, its sponsors, suppliers, representatives, partners
and all other persons acting on behalf of Circus Chimera.
Suspected Violation
Violations of these Terms and Conditions and of any other Circus
Chimera policies or agreement, including unauthorized use of the
Circus Chimera website, may be investigated and suitable legal actions
may be taken, including, without limitation, civil, criminal and
injunctive remedy. You understand and agree that Circus Chimera
may, at its sole discretion and without prior notice, terminate
your access to the Circus Chimera website, cancel your ticket order
or exercise any other remedy it sees fit, if Circus Chimera deems,
at its sole and exclusive discretion, your conduct or the conduct
of any person whom Circus Chimera believes you act in concert with,
violates or is in breach with these Terms and Conditions or the
law, or violates the rights of Circus Chimera, a client of Circus
Chimera or any other user on our website.
Copyright Policy
Circus Chimera 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. After proper notification by the copyright holder or its
agent to us, and confirmation through court order or admission by
the user that the Circus Chimera website has been used as an instrument
of unlawful infringement, Circus Chimera 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
Circus Chimera 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 Circus Chimera 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 website 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 good faith reasons to believe that
the disputed use is not authorized by the intellectual property
rights owner, its agent, or the law; and 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 owner's behalf.
Other Terms
Subject to the Purchase Agreement for tickets, the Terms and Conditions,
including the Privacy Policy of the Circus Chimera website constitutes
the entire agreement between you and Circus Chimera with respect
to your use of the website. These Terms and Conditions replace all
previous agreements between you and Circus Chimera. 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.
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