GENERAL TERMS OF USE

By using this website, test.formationclown.com (THE SITE), you are deemed to agree to the terms of use and/or policies relating to it, whether for commercial or non-commercial use.

If you do not agree with the terms of use and/or privacy policy, please do not use our website.

CLOWN AND COMEDY SCHOOL reserves the right to change, modify, add or remove portions of these Terms of Use and Privacy at any time and without notice. . It is your responsibility to read these Terms of Use and check for any changes prior to using the Site, and in all cases, your continued use of this Site following the posting of modifications to these Terms of Use means that you accept those changes. We will notify you of any content modifications by posting a notice of modification on the Site and/or, at our sole discretion, by email.

We make no commitment as to the accuracy or reliability of the displays of services, products, tips, notices, statements or other information displayed, downloaded or transmitted through the Service by us, our partners, any merchant and / or display , or any other person or entity. You assume the risks you take by relying on any opinion, display or information. Terms & Conditions are governed by the laws of Quebec, Canada. In the event of a legal prosecution and / or legal action, you agree to release us from all liability and to defend us at your expense. If any of the provisions of these Terms of Use would be rescinded by a court decision, the remaining provisions remain valid and continue to apply.

COPYRIGHTS TERMS OF USE

You may not copy, display, distribute or otherwise reproduce any copyright text, image or other format found on our site. You agree to use this Site for legal and non-commercial purposes only, and in accordance with all international, federal, state and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, expose, transmit, adapt, link, rent, sub-licence, loan, sell, licence or exploit the content of this Site in any way.

INTELLECTUAL PROPERTY

This Site and all its contents, including but not limited to articles, other texts, photos, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphs and icon buttons, excluding user content (collectively “Proprietary Material”), are protected by copyright law, trademark law and all other laws in Canada, as well as by international conventions and the laws of other countries. Proprietary Material is owned by, or controlled by, CLOWN AND COMEDY SCHOOL or by other parties that have granted us their rights.

Unless otherwise stated in these Terms of Use, or without our express written consent, you may not and agree not to use, post, reproduce, display, display publicly, create derivative works, reverse engineer, decompile, disassemble, distribute, licence, transfer, sell, copy, publish, integrate into a database, download, transmit or change Proprietary Material or any portion of it, for any purpose or by any means, method or process.

ACCEPTABLE USE OF SITE

You agree not to use the Site for any purpose that is illegal or prohibited under this clause. You agree not to use the Site in a manner that could damage THE SITE, services or business activities.

You also agree not to use the Site to:

• a) harass, abuse or threaten others or otherwise violate the rights of an individual;
• b) violate the intellectual property of CLOWN AND COMEDY SCHOOL or that of any third party;
• c) download or transmit computer viruses or any other software that could damage the property of CLOWN AND COMEDY SCHOOL or of others;
• d) commit fraud;
• e) create gambling activities, lotteries or illegal pyramid schemes or participate in them;
• f) post or distribute obscene or defamatory material;
• g) post or distribute any material that incites violence, hatred or discrimination toward any group whatsoever; and/or
• h) unlawfully gather information on others.

THIRD PARTY LINKS AND CONTENT.

You may be linked to third-party websites, services or resources, and such third-party websites, services or resources may contain links to THE SITE (“Linked Sites”). We are not responsible for the content, availability, advertising, products, service or other material provided on such Linked Sites or for any links contained in a Linked Site, and the inclusion of such Linked Sites on our Site does not imply that we approve or endorse any material whatsoever that the Linked Sites contain, or to which they provide access. In no event can we be held responsible, directly or indirectly, to you or any other person or entity for any loss or damages arising from or due to the creation or use of Linked Sites, or for any information or material accessible via Linked Sites.

LIMITATION OF LIABILITY TERMS OF USE

WE ARE NOT RESPONSIBLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL AND / OR INCIDENTAL DAMAGES RESULTING FROM YOUR USE OF THE SERVICE AND THE SITE.

REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT OR LEGAL LIABILITY, IN NO EVENT SHALL WE AND OUR SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO OUR OR THEIR DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION LOSSES, UNNECESSARY EXPENSES, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS, LOSS OF PROGRAMS, REPLACEMENT COSTS FOR EQUIPMENT, SOFTWARE OR OTHER GOODS AND SERVICES, OR LOSS OF ARCHIVES, INFORMATION OR DATA), OR ANY OTHER DAMAGE ARISING FROM OR RELATED TO: (i) THE AVAILABILITY OF, USE OF, DEPENDENCE ON, OR INABILITY TO USE THE SITE OR ANY APPLICATION, CONTENT OR ANY OTHER MATERIAL CONTAINED IN, OR THAT CAN BE ACCESSED OR DOWNLOADED FROM THE SITE; (ii) ANY CLAIM (INCLUDING FOR MATERIAL DAMAGE SUFFERED BY YOUR DEVICE OR COMPUTER SYSTEM) ARISING OUT OF ERRORS, OMISSIONS OR OTHER TECHNICAL INACCURACIES, OR DESTRUCTIVE PROPERTIES OF THE SITE OR LINKED SITES, OR TO ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE OR OTHER MATERIAL AVAILABLE ON OR VIA THE SITE OR THE LINKED SITES, EVEN IF WE OR OUR SUBSIDIARIES, OR OUR DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OF OR HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH PROVINCES AND JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTEND PERMITTED BY LAW (LIMITING OUR LIABILITY TO YOU TO THE MINIMUM AUTHORIZED BY APPLICABLE LAW).

DISCLAIMER CLAUSE

SITE VISITORS ACCEPT THAT THEIR USE OF, AND THEIR TRUST PLACED IN ANY ADVICE OR INFORMATION WHATSOVER OBTAINED ON OR THROUGH THIS SITE, IS AT THEIR OWN RISK. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AS WELL AS THEIR RESPECTIVE DIRECTORS, MANAGERS AND EMPLOYEES) EXPRESSLY DECLINE ANY RESPONSIBILITY FOR ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES OF AVAILABILITY, ACCURACY, ADEQUACY, RELIABILITY, OPPORTUNITY OR USEFULNESS OF SITE CONTENT, AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ALL WARRANTIES IMPLIED BY ANY COURSE OF ACTION OR BY ANY TRADE USAGE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES FOR ANY LINKED SITES, AND WE ARE NOT RESPONSIBLE FOR YOUR USE OF THESE SITES. IN SOME CASES, THE CONTENT PROVIDED ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGEMENTS OF SUPPLIERS OR USERS, AS IS THE CASE WITH USER CONTENT. NEITHER WE NOR OUR AFFILIATES ENDORSE OR CAN BE HELD LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THIS SITE BY ANY PERSON OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN THAT CAPACITY.

THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES CAUSED BY (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN CONTENT AVAILABLE ON THIS SITE, OR (2) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFAULT, DELAY IN OPERATION OR IN TRANSMISSION, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF ARCHIVES OR INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ARCHIVES, INFORMATION OR DATA, WHETHER THROUGH A BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. WE DO NOT GUARANTEE THAT: (1) ANY PART OF THIS SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES, OR ANY OTHER CONTAMINATION OR DESTRUCTIVE ACTION, OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS RELATING TO THE USE OF THE SITE OR ANY RESULTS OF USING MATERIAL AVAILABLE ON THE SITE. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ARE RESPONSIBLE FOR ALL COSTS INCURRED FOR ANY REQUIRED TROUBLESHOOTING, REPAIRS OR CORRECTIONS.

WE ARE NOT OBLIGATED TO ASCERTAIN THE IDENTITY OF EVERY PERSON WHO SIGNS INTO OR USES THE SITE. WE THEREFORE DECLINE ALL RESPONSIBILITY WHATSOEVER IN CASE OF IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THIS EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

By using the Site, you agree to defend, indemnify and hold harmless CLOWN AND COMEDY SCHOOL, its parent companies, subsidiaries and affiliates, as well as their respective officers, directors, employees, contractors and suppliers, from any claims, damages, liability, loss, fees and expenses, including but not limited to legal fees, arising from or related to your use of the Site or of any service provided on or via the Site, downloading, posting, emailing or sending user content or any other material by you or by users you have authorized, your violation of any Proprietary Hardware, or any violation on your part of these Terms of Use, of our Privacy Policy or any other policy posted from time to time on the Site and applicable to your use of the Site. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defence of any claim, in which event you agree to help and cooperate with us in asserting any available defences.

SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, void or invalid, in whole or in part, then that provision shall not affect the validity or enforceability of any other provisions herein.

SERVICE INTERRUPTIONS

We may need to interrupt access to the site to perform maintenance or unplanned emergency work. You agree that your access to the Site may be affected by unplanned or unexpected unavailability, for any reason, and that we will in no way be held liable for damages or losses arising out of this unavailability.

The use of the Site test.formationclown.com implies acceptance of our Privacy Policy as well as our Terms & Conditions.

Contact Us

If you have any questions about our Privacy Policy and/or our Terms & Conditions, please contact us:

•  ecc@formationclown.com
•  1 -514-995-9374