JFLVANCOUVER.COM ONLINE USER AGREEMENT

The use of JFLVANCOUVER.COM and its services are conditional to your acceptance of all the terms and conditions contained in this user agreement.

 

The services of JFLVANCOUVER.COM are not for children under 13 (thirteen) years old and their registration to the services of this site is strictly prohibited.

 

JFLVANCOUVER.COM is operated and hosted in Vancouver, province of British Columbia, Canada. If you are a visitor from abroad and you provide personal information, you agree that your personal information will be transferred and hosted in the province of British Columbia and protected by the applicable laws in this province. Your subsequent use of this site includes your acceptance of the terms contained in the «Privacy Policy and protection of personal information» governing the use of JFLVANCOUVER.COM.

 

By accessing JFLVANCOUVER.COM, you accept to be bound by the terms and conditions of this user agreement. If you are not willing to be bound by this user agreement, please do not access JFLVANCOUVER.COM.

 

The terms and conditions of this user agreement may be modified from time to time, in whole or in part, including the present provisions: rights of use granted (s. 3) registration (s. 4) termination (s. 5), content generated by third parties (s. 7) transaction with third party suppliers (s. 8) prohibited behaviours (s. 9), discontinuance of services (s. 14), modification of conditions (s.18), warranty disclaimer (s. 16), liability disclaimer (s. 17).

 

Any future modification will be announced on the home page of JFLVANCOUVER.COM at least thirty (30) days before the date of its entry into force. Member as defined hereunder will be also advised of the modification in accordance with the terms of the section “modification of conditions” (s.18)

 

  1. SCOPE OF AGREEMENT

Just for Laughs Vancouver (hereinafter: « the Company ») provides visitors (hereinafter: the « User(s)  ») an electronic platform for information and communication (hereinafter: the « JFLVANCOUVER.COM ») and allows a registered user (hereinafter; « the Member(s) ») to participate and share content regarding shows and artists, to buy online tickets, to participate in contests, to connect with social networks friends and other functionalities or services that are or may be provided in the future on JFLVANCOUVER.COM.

 

All improvements or additions to the online services offered on JFLVANCOUVER.COM will be subject to the terms and conditions of the present agreement (hereinafter: the « User Agreement »), except specific provisions to the contrary.

 

 

  1. NON ELIGIBILITY

The services of JFLVANCOUVER.COM are not intended for children below 13 years old and any registration to the services of the website is strictly prohibited. Any information pertaining to a child below 13 years old will be deleted without prior notice if the Company is notified or suspects that a Member is below 13 years old. You may notify the Company if you believe that JFLVANCOUVER.COM holds information regarding a child below 13 years old at [email protected]

 

 

  1. RIGHTS OF USE GRANTED

Subject to the compliance with the terms of this User Agreement, the Company hereby grants to Users and Members a personal, nonexclusive, non-transferable and revocable license to use the services of JFLVANCOUVER.COM.

 

The services of JFLVANCOUVER.COM are reserved for personal use only and may not be used for the commercial activities of Users and Members. Commercial advertisements, affiliate links and any other form of solicitation issued by a User or a Member may be deleted without notice and may result in termination of the Member’s registration. The Company is not liable for any loss or damage whatsoever caused to Member or any third party resulting from its decision to revoke the registration or to restrict Member‘s future access to JFLVANCOUVER.COM.

 

 

  1. REGISTRATION

Member undertakes to provide to the Company the appropriate and complete information requested in the registration form and must update this information promptly with the Company so as to be at all times accurate and comprehensive.

 

An access code is required to operate and gain access to certain functionalities of JFLVANCOUVER.COM. Member undertakes to keep confidential his access code and to prevent any other person to use his access code to JFLVANCOUVER.COM. Member shall notify the Company immediately of any breach of security, including any unauthorized use of his access code.

 

The Company is not liable for any member’s losses or damages resulting from divulgation or unauthorized use of his access code. At all times, Member will bear the entire liability of any activity that is generated under their access code or under Member’s account, even in case of loss of confidentiality or unauthorized use.

 

 

  1. BREACHES AND TERMINATION

Member undertakes to comply with all regulations enacted by the Company and to comply promptly with any request for information or any instruction issued by the Company.

 

Without prejudice to any of its rights and remedies including injunctive relieves if necessary, the Company may, at its sole discretion, terminate at any time a Member’s subscription or restrict Member’s future access to JFLVANCOUVER.COM if the Company suspects or notices any unauthorized use of the services of JFLVANCOUVER.COM or for any other reason that the Company, as site operator, deems appropriate.

 

In case of termination of a member’s subscription, Member’s data stored on the systems of JFLVANCOUVER.COM will be deleted and will not be recoverable subsequently.

 

The Company shall not be liable of any damages regarding the Member or any third party if the Company decides to terminate the subscription or to restrict Member’s future access to the services of JFLVANCOUVER.COM.

 

 

  1. SOCIAL MEDIA DISCLAIMER

Users using and posting comments, messages or images on third-party social networking sites (hereinafter: the “Social Media”) are solely liable for any damages resulting from their use or posting.

 

Images and comments posted by Users or third parties on Social Media do not represent the views of the Company. The Company will not be responsible for any losses or damages suffered as a result of the use of Social Media. Users participate at their own risk and for their own benefit, and in so doing accept that they have no right of action against the Company related to such use.

 

A link between JFLVANCOUVER.COM and a Social Media or any other website does not imply an endorsement or sponsorship by the Company of that website.

 

The Company cannot and does not guarantee Users’ privacy on Social Media, as Users are subject to the terms and conditions of the specific application on that website. Users should review and assess the third party terms and conditions prior to participating.

 

 

  1. CONTENT GENERATED BY THIRD PARTIES

Since the content and services of JFLVANCOUVER.COM are composed from various or foreign sources to the Company, its content is made available “as is”, for information purposes only and the Company cannot guarantee that its content is free from errors or omissions nor can guarantee its exactitude, completeness, reliability, or appropriateness for a particular purpose.

 

Consequently, Users acknowledges to use JFLVANCOUVER.COM at « its own risk » and that they are solely responsible to assess the usefulness, reliability and exactitude of the information transmitted via JFLVANCOUVER.COM or any other website that Users may be referenced through the services of JFLVANCOUVER.COM.

 

At no time, the Company has approved nor shall be liable for the content or availability of any other website controlled by third parties, including any damages or losses resulting from the use or inability to use such website. It is the responsibility of Users to evaluate the contents of any third party website and to assume all risks for the use of its content.

 

 

  1. TRANSACTIONS WITH THIRD PARTY SUPPLIERS

In the normal course of the use of JFLVANCOUVER.COM, Users may eventually enter into communication with third party suppliers in order to acquire goods and services or to participate in promotions. Users expressly acknowledges that all communication, written, verbal or electronic, for the purchase of goods and services or for the purpose of promotion, including prices, conditions relating to delivery, conditions of payment and all other terms, conditions, warranty and representations related to these goods and services, are only binding the User and the third party supplier involved. The Company does not warrant or assume any liability for the safety of transactions generated on any third party’s business website.

 

The Company assumes no liability of any kind for the costs incurred by the User under such transactions. It is User’s sole responsibility to ensure compliance with the laws applicable in connection with such transactions.

 

The Company shall not be liable for the payment or withholding of any applicable tax resulting from the transaction intervened between a User and a third party supplier of goods and services.

 

 

  1. PROHIBITED BEHAVIORS

Member undertakes to use the services offered on JFLVancouver.com with courtesy and to respect common usage and etiquette generally accepted.

 

More particularly, Member undertakes not to use the services offered on JFLVANCOUVER.COM to break the law or to obtain confidential information or the property of others, or to make messages that are menacing, defamatory or susceptible to endanger the security and reputation of others.

 

 

  1. INDEMNITY

Member agrees hereby to hold harmless the Company, its affiliate companies, officers, directors, employees, agents, subcontractors and representatives from and against any judicial suits, claims, penalties, costs, losses, liabilities of any kind, proceedings, demands, damages and expenses (including interests, penalties, taxes, duties, fines, requisitions, fees, levies and legal fees) in any circumstance resulting directly and/or indirectly from their use of the services on JFLVANCOUVER.COM.

 

 

  1. INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY

Member acknowledges that, except for its rights to use the services of JFLVANCOUVER.COM as granted herein, all property rights and titles including any intellectual property regarding software, systems, process or documentation used to provide the services of JFLVANCOUVER.COM belongs entirely to the Company or its licensing suppliers, including any modification or upgrade pertaining to same.

 

JFLVANCOUVER.COM and other names, logos and icons related to the products or services of JFLVANCOUVER.COM are registered trademarks exclusive to the Company. All other products, marks or names appearing on JFLVANCOUVER.COM are trademarks of their respective owners. It is forbidden to use a trademark appearing on JFLVANCOUVER.COM without the written authorization of the Company or the owner of the rights of this trademark.

 

Member is strictly prohibited to modify, reproduce, transmit, publish or sell any information, software, product or service obtained from the JFLVANCOUVER.COM or to create works derived from the items mentioned above.

 

 

  1. SAFETY OF INFORMATION

Users are solely responsible to maintain internet access with an appropriate service provider and maintain their electronic mail in good working order. The Company shall not be liable for the unavailability of internet or electronic mail access ensuing from technical problems or litigation between the Member and its service provider.

 

Users are solely responsible for the security of their computer and their data against interferences or virus potentially transmitted by Internet. Back-up copy of Users’ content is the sole responsibility of Users.

 

The Company is taking reasonable technical means to protect Users’ data and to ensure a high level of runtime of the services on JFLVANCOUVER.COM.

 

However, considering the public nature of the internet network, the Company cannot guarantee a continued, uninterrupted or secure access to the services of JFLVANCOUVER.COM. The Company shall not be liable for any breach of confidentiality, piracy, virus, loss or alteration of data transmitted or stored on the Company’s systems.

 

 

  1. CONFIDENTIALITY OF INFORMATION

The Company is committed to ensure the protection of personal information of its Members using the services of JFLVANCOUVER.COM and the respect of their privacy. Company’s policy regarding the nature of the information collected during the use of the JFLVANCOUVER.COM, reasons for which such information is collected and the use done with this information is available on a separate webpage entitled « Privacy policy and protection of personal information ».

 

Your acceptance of terms and conditions of this User Agreement and your subsequent use of the website include your acceptance of the terms contained in the « Privacy policy and protection of personal information » governing the use of JFLVANCOUVER.COM.

 

The Company may transmit notices to Member or additional information at the email address indicated in its registration coordinates or using other communication services on JFLVANCOUVER.COM. These messages shall be deemed received and read at the date of their transmission. Member is responsible to maintain active the email address indicated in its registration or to notify in due time the Company of any modification to its registration coordinates. The Company assumes no liability resulting from sending a message to the email address specified by the Member which would not be functional.

 

 

  1. DISCONTINUANCE OF SERVICES

The Company reserves its right to modify or discontinue in whole or in part, temporarily or permanently, any online service offered on JFLVANCOUVER.COM at any time and in its sole discretion. In the event of permanent discontinuance of services related to JFLVANCOUVER.COM, the Company will send to Members a prior notice of sixty (60) days. At the end of this period, the Company reserves its right to delete from its equipments and computer servers, any information or files related to Members’ account. The Company assumes no liability towards Members or any third party arising from the exercise of its right to modify or discontinue the online services.

 

 

  1. MODIFICATION OF CONDITIONS

The terms and conditions of this user agreement may be modified from time to time, in whole or in part, including the present provisions: rights of use granted (s. 3) registration (s. 4) termination (s. 5), content generated by third parties (s. 7) transaction with third party suppliers (s. 8) prohibited behaviors (s. 9), discontinuance of services (s. 14), modification of conditions (s.15), warranty disclaimer (s. 16), liability disclaimer (s. 17).

 

Any future modification will be announced on the homepage of JFLVANCOUVER.COM at least thirty (30) days before the date of entry into force.

 

The Company will also notify the Member by email at least thirty (30) days before the entry into force of an amendment to this User Agreement. The notice sent by the Company will reflect the new provision or the amendment to a provision, as well as its earlier version and date of entry into force. The notice given will reflect the Member’s right to terminate the contract without cost, penalty, or termination fee, by sending e-mail written notice to the Company within thirty (30) days from the date of force of the amendment if the amendment results in the increase in the obligation of the Member or the reduction of the obligation of the Company.

 

 

  1. WARRANTY DISCLAIMER

Member expressly acknowledges that all use of the services of JFLVANCOUVER.COM is at its own risks. All services of JFLVANCOUVER.COM are made available “as is” and “when available”. The Company gives no conventional or legal warranty of any nature, express or implicit, on the content or the services provided on JFLVANCOUVER.COM, including no warranty of merchantability or fitness for a particular purpose.

 

The Company makes no representation nor warranty to Users i) that the services offered or the performance of JFLVANCOUVER.COM will meet their requirements ii) that the services of JFLVANCOUVER.COM will not be interrupted, available, secure or free from errors iii) that the results which may be obtained from the use of the services will be adequate, complete and reliable, iv) and that any programming errors will be corrected.

 

The Company gives no warranty nor assumes any liability resulting from any breach of confidentiality, loss or data alteration transmitted on a public network as internet.

 

Member acknowledges that any material, software or data downloaded or otherwise obtained through the use of JFLVANCOUVER.COM is done in their sole discretion and at their own risk. Accordingly, Member supports full liability for any damage to their computer equipment or loss of data resulting from downloading such material, software or data.

 

Without limiting the generality of the foregoing, the Company does not warrant or represent nor vouch for:

  • the appropriateness, truthfulness, accuracy, legality or relevance of information provided by Members or third parties;
  • the ability or diligence of third party providers to perform their obligations, services offered and / or mandates.

 

 

  1. LIABILITY DISCLAIMER

The Company, its affiliated companies, officers, directors and employees shall not be liable, by contract or by tort, towards Users or any other third party, for any damages, direct, indirect, special, punitive, including, without limitation, damages for loss of revenues, profits, goodwill, data loss and other intangible goods, expenses for the retrieval and replacement of goods and services even if the Company or its affiliated companies may have been informed of the possibility that such damages existed and would result from:

  • the inexactitude of information and elements mentioned on JFLVANCOUVER.COM;
  • any delay related to the use of the services on JFLVANCOUVER.COM or the impossibility to use them;
  • an invalid destination of a message, transmission errors or unauthorized access, loss or alteration of data;
  • defamatory or offending declaration or conduct of any third party in the context of its use of the services;
  • any delay incurred or failure to receive from a third party, the services or products ordered or traded via JFLVANCOUVER.COM.

 

User expressly agrees that the Company shall not be liable to Users for any damages regardless of the cause of action, whether in contract or in tort, in excess of the amounts paid by Users, if any, for the current period with regard to the services offered on JFLVANCOUVER.COM. User agrees that the foregoing provision states Users’ exclusive remedies for any cause of action related to the present agreement.

 

 

  1. SURVIVAL OF PROVISIONS

Provisions regarding Content generated by third parties (s. 7), Transaction with third party suppliers (s. 8), Indemnity (s. 10), Warranty disclaimer (s. 16) and Liability disclaimer (section 17) will survive any termination of the User Agreement or cancellation of Member’s subscription.

 

 

  1. GOVERNING LAW AND JURISDICTION

User expressly agrees that the terms of this user agreement shall be governed by the laws of the province of British Columbia and the laws of Canada applicable in this Province, as the case may be. The parties acknowledge that the terms of this User Agreement are not subject nor should be interpreted as being subject to the United Nations Convention On Contracts For The International Sale Of Goods. User expressly agrees that any litigation arising out or from the terms of this user agreement shall be exclusively introduced before a competent court of the judicial district of Vancouver, province of British Columbia, Canada.

 

 

  1. FORCE MAJEURE

The Company shall not be deemed in default in the performance of its obligations hereunder if such performance is delayed, detained or prevented because of force majeure or circumstance beyond its control. Force majeure is any cause beyond the control of the Company hereto and against which it could not protect itself. Force majeure includes, without limitation, any fortuitous and natural disasters, strikes, work stoppages, lockouts, fire, riot, failure of communication networks including Internet, power failure, embargo, order, war, terrorism, inability to obtain raw materials, regulation or government controls or other similar events.

 

Member is prohibited to assign to any third party in whole or in part any rights or its subscription resulting from the present agreement.

 

The Company is entitled to assign at its sole discretion any of its rights under the present agreement to any third party and the assignee will be entitled to all Company’s rights, privileges or recourses resulting from the present agreement.

 

Any declaration of a court to the effect that any provision hereof is invalid or unenforceable shall not affect the validity or enforceability of any remaining provisions hereof. The headings used in this Agreement are only indicative and should not be used for the interpretation of this agreement

 

 

  1. NO WAIVER

If the Company fails to avail itself of any of its rights under the present, this does not constitute a waiver or a modification of its rights herein and the Company may, within the time prescribed by law, institute procedures to invoke its rights. A delay in doing so does not constitute a defence which is enforceable.

 

 

  1. ENFORCEABILITY OF THE ONLINE VERSION

User acknowledges that this User Agreement has the same effect and same value as if it were signed by User. A printed version of this User Agreement or any notice sent by electronic mail will be admissible in litigation as any other business document of the enterprise or register generally kept in paper format.

 

 

  1. ENTIRE AGREEMENT

This User Agreement for the services of JFLVANCOUVER.COM and its subsequent amendments constitute the entire User Agreement between the parties and supersede any other verbal or written representations or preliminary contract that may have preceded the present User Agreement.