Terms and conditions
Last update: 2019-04-09
By using our Website, you agree to be bound by these Terms and Conditions. Therefore, if you do not agree to these Terms and Conditions or any other Nextasy policies, do not use this Website.
The Internet is evolving, and so is Nextasy. This means that there will be changes, from time to time, to our Website, and including these Terms and Conditions. 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.
Website is owned and managed by this company:
Cirque du Soleil
8400, 2nd Avenue
H1Z 4M6, CANADA
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 (collectively “Content“) belonging to Cirque du Soleil, its affiliates or to third parties who may from time to time associate themselves with Cirque du Soleil for the presentation of the shows or for any other activities.
You acknowledge that the Content belong exclusively to its respective owner. It is therefore 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 Content without the express authorization of each respective owner.
By using this Website, you acknowledge and agree that all 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, Nextasy and 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.
Nextasy’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.
YOUR OBLIGATIONS AS A USER
To use this Website you must have reached the legal majority as prescribed by local laws where you are visiting the Website.
You may use information about Nextasy purposely made available for downloading or copying from this Website, 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.
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, accurate, up-to-date and complete.
By visiting this Website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offence or that could be detrimental to Nextasy nor Cirque du Soleil.
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, the laws or regulations of Canada or the country from which you are visiting the Website. Illegal or unauthorized use of our Website includes, but is not limited to: (i) 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; or (ii) using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of this Website or any network connected to the Website or reproduce or circumvent the navigational structure or presentation of the Website or any Content.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A) YOUR USE OF THE WEBSITE IS AT YOUR OWN 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 ENDORSE, 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 SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION 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 CIRQUE DU SOLEIL OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, OR THIRD PARTIES WITH WHOM CIRQUE DU SOLEIL ASSOCIATES ITSELF FROM TIME TO TIME) 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 CIRQUE DU SOLEIL 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 CIRQUE DU SOLEIL OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM CIRQUE DU SOLEIL ASSOCIATES ITSELF FROM TIME TO TIME, 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 OR RESULTING FROM ANY SERVICES 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.
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 CIRQUE DU SOLEIL AGGREGATE LIABILITY (AND THAT OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM CIRQUE DU SOLEIL ASSOCIATES ITSELF FROM TIME TO TIME) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN $100). SHOULD THE LIMITATION OF LIABILITY SET FORTH ABOVE NOT APPLY IN ANY PARTICULAR CASES, ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE NEXTASY 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.
You are responsible for your postings on this Website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to this Website or if somebody else uses your name or your password to cause damage to this 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 and any third parties with whom Cirque du Soleil associates itself from time to time, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from the use of this Website.
Violation of these Terms and Conditions and of any other Nextasy policies or agreement, including unauthorized use of the Nextasy 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 Nextasy Website 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, its affiliates or any third parties with whom Cirque du Soleil associates itself from time to time, a client of Cirque du Soleil or any other user on our Website.
YOUR 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:
- 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.
The Website is operated from Montreal, Province of Quebec, Canada. Any legal conflict between a user and Cirque du Soleil is therefore subject to the laws of the Province of Quebec and the applicable laws of Canada, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec, Canada in respect of any action or proceeding arising out of or related to this Website.
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 term or provision of these Terms and Condition or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms and Conditions will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the full extent permitted by the applicable law. In lieu of each term or provision of these Terms and Conditions which is invalid or unenforceable, there shall be added as a part of these Terms and Conditions a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable.
All requests for information about our Terms and Conditions may be sent to Customer Service.