End User Terms

Terms of Use
Welcome! By using Cirque Du Soleil's services ("Cirque Du Soleil Services"), you agree to be bound by the following terms and conditions (the "Terms of Use").

Content provided by Cirque Du Soleil
The information displayed as query results or scheduled alerts represent the best efforts of Cirque Du Soleil. Information provided over Cirque Du Soleil Services may produce results that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a message delivered via a Cirque Du Soleil service will not provide unintended or objectionable content and assume no responsibility for the content included in by Cirque Du Soleil's Customers using Cirque Du Soleil Services.

For help on services, text HELP to 25025.

Unsubscribing
For all subscription services of Cirque Du Soleil, you can instantly unsubscribe by texting STOP or STOP ALL to the shortcode you are subscribed to (25025). If you need additional assistance, please call 800-790-6597.


No Automated Querying
You may not send automated queries of any sort to Cirque Du Soleil's system without express permission in advance from Cirque Du Soleil.
You are not allowed to copy, create a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying the Services in any manner.

Privacy Policy
We, take your privacy to be a number one priority. Therefore, we pledge that:

  • We will never, under any circumstances, sell or otherwise distribute your cell phone numbers to third parties or Cirque Du Soleil clients for which you have not opted in
  • We will never market to you directly any services for which you have not opted in, either by cell phone text message or email.
  • We will never distribute any personal information about you, including your phone number, name, billing information, or any other piece of identifying information

Rest assured, we are paranoid about your privacy. We pride ourselves on our ability to offer worthwhile services, not spam.

Service Availability
The services are available on the following carriers: AT&T, Verizon Wireless, T-Mobile, Sprint, Nextel, Dobson, US Cellular, Virgin Mobile. Additional carriers are added as they come available.

Changes In Terms and Conditions and Cirque Du Soleil Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Trademarks, Names and Logos
All trademarks, names and logos used on this site (Cirquemobile.com) or delivered via Cirque Du Soleil services are owned by Cirque Du Soleil (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly implied, granted within or as a result of your use of Cirque Du Soleil services or this site. Without Cirque Du Soleil 's prior permission, you agree not to display or use in any manner, the Cirque Du Soleil trademarks, names and logo.

Charges
Unless expressly noted, all services are offered without charge. Other charges may apply. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of Cirque Du Soleil services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

From time to time, Cirque Du Soleil offers premium messages, charged to your cell phone for a fee, either on a "one-off" ("transactional") or recurring subscription basis. Prior to charging your cell phone, Cirque Du Soleil with confirm all charges with you.

Submissions
We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you 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 the Comments. Cirque Du Soleil will be entitled to use, reproduce, disclose, publish and distribute any Comments 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 code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Cirque Du Soleil expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Disclaimer of Warranties
Cirque Du Soleil disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Cirque Du Soleil Services results. Cirque Du Soleil disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Cirque Du Soleil disclaims any responsibility for any harm resulting from information or material through the Cirque Du Soleil Services.

THE Cirque Du Soleil SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Cirque Du Soleil SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Cirque Du Soleil AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Cirque Du Soleil AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Cirque Du Soleil SERVICES. Cirque Du Soleil AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Cirque Du Soleil SERVICES. Cirque Du Soleil AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Cirque Du Soleil SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE Cirque Du Soleil SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE Cirque Du Soleil SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Cirque Du Soleil SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Cirque Du Soleil OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE Cirque Du Soleil SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Cirque Du Soleil OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Cirque Du Soleil SERVICES, FROM INABILITY TO USE THE Cirque Du Soleil SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Cirque Du Soleil SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Cirque Du Soleil SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE Cirque Du Soleil SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Cirque Du Soleil SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE Cirque Du Soleil SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Cirque Du Soleil SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Cirque Du Soleil SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Cirque Du Soleil or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Cirque Du Soleil.

Effective Date: April 15, 2007





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