HAHAHA.COM ONLINE USER AGREEMENT
The use of the website HAHAHA.COM and its services are conditional to your registration as a « member » and your acceptance of all the terms and conditions contained in this user agreement.
The services of HAHAHA.COM are not for children under 13 (thirteen) years old and any registration to the services of this site is strictly prohibited.
By registering yourself on the website HAHAHA.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, you are not authorized to use any services of the website HAHAHA.COM. you must cancel the registration process by closing your web browser or navigating away from this page.
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 member (s. 6) content generated by third parties (s. 8) transaction with third party suppliers (s. 9) prohibited behaviors (s. 10), complaints of copyrights infringements (s.13), discontinuance of services (s. 17), modification of conditions (s.18), warranty disclaimer (s. 19), liability disclaimer (s. 20).
Any future modification will be announced on the home page of the website HAHAHA.COM at least thirty (30) days before the date of its entry into force. Member will be also advised of the modification in accordance with the terms of the section "modification of conditions" (s.18)
In the event that member does not accept a modification or is dissatisfied with any decision or policy taken in operating this site, member's exclusive remedy is to discontinue its subscription by giving a written notice by electronic mail and to stop its use of the services of the site, without refund of any kind or any liability towards you or any third party, arising out of your termination of services of the website HAHAHA.COM.
1. Scope of agreement
Just for Laughs (hereinafter: « the Company ») provides an electronic platform for information and communication (hereinafter: the « website HAHAHA.COM ») allowing a registered user (hereinafter; « the Member ») 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 the website HAHAHA.COM.
All improvement or addition to the online services offered on the website HAHAHA.COM will be subject to the terms and conditions of the present agreement, except specific provisions to the contrary.
2. Non eligibility
The services of the website HAHAHA.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 HAHAHA.COM holds information regarding a child below 13 years old at [email protected].
3. Rights of use granted
Subject to the compliance with the terms of this User Agreement, the Company hereby grants to Member a personal, nonexclusive, nontransferable and revocable license to use the services of the website HAHAHA.COM.
The services of the website HAHAHA.COM are reserved for personal use only and may not be used for the commercial activities of a Member. Commercial advertisements, affiliate links and any other form of solicitation issued by 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 the website HAHAHA.COM.
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 the functionalities of the website HAHAHA.COM. Member undertakes to keep confidential his access code and to prevent any other person to use his access code to the website HAHAHA.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 his access code or under Member’s account, even in case of loss of confidentiality or unauthorized use.
5. Breach 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 all times a Member’s subscription or restrict Member’s future access to the website HAHAHA.COM if the Company suspects or notices any unauthorized use of the services of the website HAHAHA.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 the website HAHAHA.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 the website HAHAHA.COM.
6. Content generated by Member
Member acknowledges that he owns entire editing control regarding information, messages, pictures, videos, notes, opinions and profiles that he submits on the website HAHAHA.COM or share with others users through any chat rooms, blogs or other communication functionalities offered on the website HAHAHA.COM. Consequently, Member acknowledges that he is sole liable for the quality, reliability and lawfulness of any content, information, messages, opinions and profiles that he submits while using the services of the website HAHAHA.COM and that he is sole liable for any damages resulting from their posting, use or display in any country.
By publishing any content on or through the website HAHAHA.COM, Member hereby grants to the Company a free, worldwide, nonexclusive license to use, modify, publicly perform, publicly display, communicate by telecommunication, reproduce and distribute such content on the website HAHAHA.COM.
Member cannot post, transmit or share with others users any content he did not create or that he does not have permission to publish. Consequently, Member warrants the Company that he is the owner or holds all rights and/or licences required for posting any content he submits on the website HAHAHA.COM and that such content does not infringe the intellectual property rights, privacy rights, publicity rights or any other rights of any third person.
Member agrees to pay for all royalties, fees and any other duties owed to any person by reason of any content he publishes or posts online.
7. Social Media Disclaimer
Members using and posting comments, messages or images on social networking sites are sole liable for any damages resulting from their use or posting.
Images and comments posted by Members or third parties 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 third party social networking websites. Members 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 the website HAHAHA.com and a social networking site or any other website does not imply an endorsement or sponsorship by the Company of that website.
The Company cannot and does not guarantee Members privacy on third party social networking websites, as users are subject to the terms and conditions of the specific application on that website. Members should review and assess the third party terms and conditions prior to participating.
8. Content generated by third parties
Since the content and services of the website HAHAHA.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, appropriateness for a particular purpose.
Consequently, Member acknowledges to use the website HAHAHA.COM at « its own risks » and that he is sole responsible to assess the usefulness, reliability and exactitude of the information transmitted via the services of the website HAHAHA.COM or any other website that Member may be referenced through the services of the website HAHAHA.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 Member to evaluate the contents of any third party website and to assume all risks for the use of its content.
9. Transactions with third party suppliers
In the normal course of the use of the website HAHAHA.COM, Member may eventually enter into communication with third party suppliers in order to acquire goods and services or to participate to promotions. Member 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 Member and the third party supplier involved. the Company does not warrant or assume any liability for the safety of transaction generated on any third party’s business website.
The Company assumes no liability of any kind for the costs incurred by the Member under such transaction. it is Member’s sole responsibility to ensure compliance with the laws applicable in connection with such transaction.
The Company shall not be liable for the payment or withholding of any applicable tax resulting from the transaction intervened between a Member and a third party supplier of goods and services.
10. Prohibited behaviors
Member undertakes to use the services offered on the business portal with courtesy and to respect common usage and etiquette generally accepted.
More particularly, Member undertakes not to use the services offered on the website HAHAHA.COM to break the law, 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.
Without limiting the generality of the foregoing, the Member agrees not to:
The Company does not undertake to verify the content of messages and information posted online by Members before their publication. without prejudice to its right to terminate the present agreement, the Company reserves its right to remove from the website HAHAHA.COM, without prior notice, any content which is judged inadequate or is infringing the service conditions herein or generally accepted etiquette rules.
The Company reserves its right to disclose any information it believes in good faith necessary i) to meet any legal requirements or judicial proceedings ii) to enforce its rights and the terms of the present user agreement iii) to protect the rights of other members.
The Company reserves its rights to investigate, including the right to disclose any illegal activities to authorities, and to take appropriate legal action against anyone violating the present terms of this User Agreement.
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 the use of the services on the website HAHAHA.COM or from Member’s content published or posted online.
- transmit anonymous messages or usurp the identity of others to send a message;
- use content and/or express comments that is patently offensive and promotes racism, fanaticism, hatred or physical harm of any kind against any group or individual;
- present information or content using sexually suggestive imagery or scene of nudity, violence or other offensive content, including a link referring to a website offering such content;
- present or use information that Member knows is false or misleading or promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- express opinions in a defamatory manner or otherwise damaging, in a faulty way, the reputation of another person;
- use any information obtained by or through the use of the website HAHAHA.COM in order to harass, mislead or harm another person;
- post online information or comments violating the privacy of another person, including address, phone number, email, social security number, credit card number;
- post online a photograph or other pictures of another person without that person's consent;
- furthers (??) or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
- transmit information violating a patent, a trademark, a copyright or any other intellectual property right of a third party;
- on purpose transmit material that contains viruses or any other harmful element on the systems of the website HAHAHA.COM or to any other person that use the system;
- transmit any unsolicited bulk electronic mail (SPAM);
- promote pyramidal sales or any other kind of solicitation;
- obtain personal information on other users or gain access to other clients’ accounts;
- gain access to the services of the website HAHAHA.COM for the purpose of extracting its content;
- post online advertisements or solicitations in order to sell or for users to buy products and services on or through or any other commercial activity;
- attempt to break the security of systems implemented on the website HAHAHA.COM or make those systems unusable;
12. Intellectual property rights of the Company
Member acknowledges that, except for its rights to use the services of the website HAHAHA.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 the website HAHAHA.COM belongs entirely to the Company or its licensing suppliers, including any modification or upgrade pertaining to same.
HAHAHA.COM and other names, logos and icons related to the products or services of the website HAHAHA.COM are registered trademarks exclusive to the Company. All other products, marks or names appearing on the website HAHAHA.COM are trademarks of their respective owners. It is forbidden to use a trademark appearing on the website without the written authorization of the Company or the owner of the rights on this trademark.
Member is strictly prohibited to modify, reproduce, transmit, publish or sell any information, software, product or service obtained from the website HAHAHA.COM or to create works derived from the items mentioned above.
13. Complaints of copyright infringement
Member is prohibited to post, modify, distribute or reproduce in any manner any copyrighted material, trademarks or any other intellectual property belonging to others without obtaining the prior written consent of the owner of such proprietary rights. The Company reserves its rights, but it is not obliged, to terminate the privileges of any Member who repeatedly infringes copyright of others upon receipt of proper notification by the copyright owner in accordance with this provision.
If you believe, as copyright owner, that a Member copied, reproduced, published, communicated to the public by telecommunication, translated or adapted your work without right, please communicate your notice of copyright infringement in the form stated below to our Representative in charge of compliance with copyright at: [email protected].
Please include in your notice of copyright infringement the following information: your name and mail address, e-mail and telephone, a brief description of the copyrighted work whose rights have been violated, specify your interest or your rights in the protected work, the location data on the website HAHAHA.COM to which the infringement relates; specify the nature of the alleged infringement, the date and time of the commission of the alleged infringement.
Upon receipt of a compliant notice of infringement, the Company shall forward by email without delay, a copy of the copyright infringement notice received to the Member who owns the electronic location referred in the notice of infringement and shall inform the copyright owner of such transmission or, if appropriate, the reasons why the Company was unable to perform such transmission.
The Company will retain for a period of six (6) months from the date of receipt of the notice of infringement, a record identifying the Member to whom the electronic location referred in the notice of infringement belongs. Where, prior to the end of this period, a proceeding is initiated by the owner of a copyright in respect of the alleged infringement and that the Company has received notice of such proceeding, the Company will retain the record for a period of one (1) year after receipt of the notice of infringement.
The Company may, but is not obliged to, remove any material allegedly in infringement of copyright or to determine that there is or would be an infringement of copyright after receiving a notice of infringement by a copyright owner, until the issuance of a formal order of a court to that effect.
14. Safety of information
Member is sole responsible to maintain an internet access with an appropriate service provider and maintain his 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.
Member is sole responsible for the security of his computer and his data against interferences or virus potentially transmitted by Internet. Back-up copy of Member’s content is sole responsibility of Member.
The Company is taking reasonable technical means to protect Member’s data and to ensure a high level of runtime of the services on the website HAHAHA.COM.
However, considering the public nature of the internet network, the Company cannot guarantee a continued, uninterrupted or secure access to the services of the website HAHAHA.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.
15. Confidentiality of information
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 the website HAHAHA.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.
16. 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 the website HAHAHA.COM at any time and in its sole discretion. In the event of permanent discontinuance of services related to the website HAHAHA.COM, the Company will send to Member 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 Member’s account.The Company assumes no liability towards Member or any third party arising from the exercise of its right to modify or discontinue the online services.
17. 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 member (s. 6) content generated by third parties (s. 7) transaction with third party suppliers (s. 9) prohibited conduct (s. 10), complaints of copyrights infringements (s.13), discontinuance of services (s. 17), modification of conditions (s.18), warranty disclaimer (s. 19), liability disclaimer(s. 20).
Any future modification will be announced on the homepage of the website HAHAHA.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.
18. Warranty Disclaimer
Member expressly acknowledges that all use of the services of the website HAHAHA.COM is at its own risks. All services of the website HAHAHA.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 the website HAHAHA.COM, including no warranty of merchantability or fitness for a particular purpose.
The Company makes no representation nor warranty to the Member i) that the services offered or the performance of the website HAHAHA.COM will meet his (her) requirements ii) that the services of the website HAHAHA.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 error 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 the website HAHAHA.COM is done in his sole discretion and at his own risk. Accordingly, Member supports full liability for any damage to his (her) 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:
- 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;
19. Liability Disclaimer
The Company, its affiliated companies, officers, directors and employees shall not be liable, by contract or by tort, towards Members 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:
Member expressly agrees that the Company shall not be liable to Member for any damages regardless of the cause of action, whether in contract or in tort, in excess of the amounts paid by Member, if any, for the current period with regard to the services offered on the website HAHAHA.COM. Member agrees that the foregoing provision states Member's exclusive remedies for any cause of action related to the present agreement.
- the inexactitude of information and elements mentioned on the website HAHAHA.COM;
- any delay related to the use of the services on the website HAHAHA.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 the website HAHAHA.COM.
20. Survival of provisions
Provisions regarding Content generated by Member (section 6), Content generated by third parties (section 8), transaction with third party suppliers (s. 9), Indemnity (section 11), Warranty disclaimer (section 19) and Liability disclaimer (section 20) will survive any termination of the present agreement or cancellation of Member’s subscription.
21. Governing law and jurisdiction
Member expressly agrees that the terms of this user agreement shall be governed by the laws of the province of Quebec 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. Member 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 Montreal, province of Quebec, Canada.
22. 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 event.
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
23. 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 defense which is enforceable.
24. Enforceability of the online version
Member acknowledges that this User Agreement has the same effect and same value as if it were signed by you. 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.
25. Entire Agreement
This User Agreement for the services of the website HAHAHA.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.