Terms of Service

Scope of Agreement

The Comedy Stand (hereinafter: "the Company") provides an electronic platform for information and communication (hereinafter: the "website THECOMEDYSTAND.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 THECOMEDYSTAND.COM.

All improvement or addition to the online services offered on the website THECOMEDYSTAND.COM will be subject to the terms and conditions of the present agreement, except specific provisions to the contrary.

Non Eligibility

The services of the website THECOMEDYSTAND.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 THECOMEDYSTAND.COM holds information regarding a child below 13 years old at info@THECOMEDYSTAND.COM.

Rights of Use Granted

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

The services of the website THECOMEDYSTAND.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 THECOMEDYSTAND.COM.

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 the functionalities of the website THECOMEDYSTAND.COM. Member undertakes to keep confidential his access code and to prevent any other person to use his access code to the website THECOMEDYSTAND.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.

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 THECOMEDYSTAND.COM if the Company suspects or notices any unauthorized use of the services of the website THECOMEDYSTAND.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 THECOMEDYSTAND.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 THECOMEDYSTAND.COM.

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 THECOMEDYSTAND.COM or share with others users through our blog or other communication functionalities offered on the website THECOMEDYSTAND.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 THECOMEDYSTAND.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 THECOMEDYSTAND.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 THECOMEDYSTAND.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 THECOMEDYSTAND.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.

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 THECOMEDYSTAND.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.

Content Generated by Third Parties

Since the content and services of the website THECOMEDYSTAND.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 THECOMEDYSTAND.COM at its own risks and that the member is solely responsible to assess the usefulness, reliability and exactitude of the information transmitted via the services of the website THECOMEDYSTAND.COM or any other website that Member may be referenced through the services of the website THECOMEDYSTAND.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.

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 THECOMEDYSTAND.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:

• 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
• Present or use information that Member knows is false or misleading or promoting illegal activities
• Express opinions in a defamatory manner or otherwise damaging the reputation of another person
• Use any information obtained through the website to harass, mislead or harm another person
• Post online information or comments violating the privacy of another person
• Post online a photograph or other pictures of another person without that person's consent
• Further or promote any criminal activity or enterprise
• Transmit information violating intellectual property rights of a third party
• Transmit material that contains viruses or any other harmful element
• 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 for the purpose of extracting its content
• Post online advertisements or solicitations for commercial activity
• Attempt to break the security of systems or make those systems unusable

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 the use of the services on the website THECOMEDYSTAND.COM or from Member's content published or posted online.

Intellectual Property Rights of the Company

Member acknowledges that, except for its rights to use the services of the website THECOMEDYSTAND.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 THECOMEDYSTAND.COM belongs entirely to the Company or its licensing suppliers, including any modification or upgrade pertaining to same.

THECOMEDYSTAND.COM and other names, logos and icons related to the products or services of the website THECOMEDYSTAND.COM are registered trademarks exclusive to the Company. All other products, marks or names appearing on the website THECOMEDYSTAND.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 THECOMEDYSTAND.COM or to create works derived from the items mentioned above.

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 to our Representative at: info@THECOMEDYSTAND.COM.

Upon receipt of a compliant notice, the Company shall forward a copy to the Member who owns the electronic location referred in the notice and shall inform the copyright owner of such transmission.

The Company will retain for a period of six (6) months from the date of receipt a record identifying the Member. Where a proceeding is initiated prior to the end of this period, the Company will retain the record for a period of one (1) year after receipt of the notice.

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 THECOMEDYSTAND.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 THECOMEDYSTAND.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.

Confidentiality of Information

The Company is committed to ensure the protection of personal information of its Members using the services of the website THECOMEDYSTAND.COM and the respect of their privacy. Company's policy regarding the nature of the information collected during the use of the website, 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 governing the use of the website THECOMEDYSTAND.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 the website THECOMEDYSTAND.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.

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 THECOMEDYSTAND.COM at any time and in its sole discretion.

In the event of permanent discontinuance of services related to the website THECOMEDYSTAND.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 equipment's 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.

Warranty Disclaimer

The Company gives no conventional or legal warranty of any nature, express or implicit, on the content or the services provided on the website THECOMEDYSTAND.COM, including no warranty of merchantability or fitness for a particular purpose.

The Company makes no representation nor warranty to the Member:

• That the services offered or the performance will meet his requirements
• That the services will not be interrupted, available, secure or free from errors
• That the results obtained from the use will be adequate, complete and reliable
• 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 THECOMEDYSTAND.COM is done in his sole discretion and at his own risk.

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 may have been informed of the possibility that such damages existed and would result from:

• The inexactitude of information and elements mentioned on the website
• Any delay related to the use of the services 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

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. Member agrees that the foregoing provision states Member's exclusive remedies for any cause of action related to the present agreement.

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 17) and Liability disclaimer (section 18) will survive any termination of the present agreement or cancellation of Member's subscription.

Governing Law and Jurisdiction

Member expressly agrees that the terms of this user agreement shall be governed by the laws of the province of Nova Scotia 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 Halifax, province of Nova Scotia, Canada.

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.

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.

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.

Entire Agreement

This User Agreement for the services of the website THECOMEDYSTAND.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.