BANANA SHPEEL! Presented by Cirque Du Soleil

Last Updated: November 5, 2009
Use of this website signifies your agreement to these terms of use (“Terms of Use”) and the website’s Privacy Policy, which is incorporated by reference to these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
The following Terms of Use apply to the Banana Shpeel website at www.yourshpeel.com (the “Website”) owned and operated by Comcast Spotlight, Inc. (“Spotlight”, “we”, “us” or “our”). By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use in their entirety, any modifications to the Terms of Use, which is incorporated by reference into these Terms of Use. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Website. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Website.
Please return to the Website and review these Terms of Use from time to time, as they may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Website. Please note that your use of certain content and features of the Website may be subject to additional terms. By using such content and features, you also agree to be bound by such additional terms.
The Website is only intended to be accessed and used by individuals that are 18 years of age or older. Please do not access or use the Website if you are under the age of 18.
PROPRIETARY RIGHTS; USE OF CONTENT
This Website is owned and operated by Spotlight and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing at the Website (collectively, “Material”) is the property of Spotlight and its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Website are the property of Spotlight, its affiliates, licensors, and/or third party service providers. You may not make any use of any Material or Marks without the prior written consent of Spotlight and any applicable third party. No Material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of Material on any single computer for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices. Modification of the Material or use of the Material for any other purpose may be a violation of copyright, trademark, trade secret rights and others' proprietary rights belonging to Spotlight and its affiliates, licensors and/or third party service providers. For purposes of these Terms of Use, the use of any such Material on any other website or networked computer environment is prohibited.

YOUR CONDUCT
In using or accessing the Website you agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
not to disrupt or interfere with any other user’s enjoyment of the Website;
not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Website, the content of any text or the layout/design of any page) without Spotlight’s express written consent;
not to use meta tags or any other “hidden text” utilizing a Mark or product name without Spotlight’s express written consent;
not to “deeplink” to the Website without Spotlight’s express written consent; and
not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; and

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.

LINKS AND THIRD PARTIES
Links on the Website to third party websites (including, without limitation, sponsors, advertisers and issuers) that you encounter via the Website are solely provided as a convenience to you. If you use these links, you will leave the Website. You agree that Spotlight will not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any dealings between you and any such third parties. In addition, you acknowledge that Spotlight does not endorse, verify, or make any representations regarding any third party advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of any entity and content linked to the Website, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

CHANGES TO WEBSITE
Spotlight may add, change, discontinue, remove or suspend any portion of the Website at any time, without notice.
TERMINATION
Spotlight reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the Website, and to block or prevent future access to and use of the Website for any reason, including your breach of these Terms of Use or other conduct by you that Spotlight considers inappropriate. Spotlight reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms of Use, you agree that Spotlight shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website (or any portion thereof).
DISCLAIMER
SPOTLIGHT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE OR MATERIAL, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPOTLIGHT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, MATERIAL AND ANY LINKED WEBSITE. SPOTLIGHT DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE WEBSITE OR THAT MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE OR MATERIAL ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE WEBSITE OR MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. SPOTLIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIAL IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SPOTLIGHT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SPOTLIGHT AND ITS PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE “SPOTLIGHT PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIAL; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIAL; (C) YOUR PARTICIPATION IN ANY PROMOTION OR SUBMISSION OF ANY CONTENT ON THE WEBSITE OR ANY USE, AUTHORIZED OR OTHERWISE OF SUCH CONTENT; (D) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; OR (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A SPOTLIGHT PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SPOTLIGHT PARTIES’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
By using the Website, you agree to indemnify, defend and hold harmless the Spotlight Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Website, including, without limitation, any Material available on the Website and any activity of yours on the Website including your submission of any content or participation in any promotion; (3) loss of any data or account information; and (4) any material uploaded by you or through your computer to the Website or otherwise sent by you to Spotlight. You will cooperate as fully and reasonably as required by Spotlight in the defense of any claim. Spotlight reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Spotlight.
Copyright Infringement Claims
Spotlight respects the rights of all copyright holders and in this regard Spotlight has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If you believe that your work has been copied at the Website in a way that constitutes copyright infringement, please provide Spotlight’s Copyright Agent for the Website the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A user who has material disabled or removed and believes that this material is in fact covered by "Fair Use" or is in some other way not infringing, and is not in violation of the requirements of the DMCA, may provide a "counter notice." A proper "counter-notice" must provide the following:

The poster's name, address, phone number, and physical or electronic signature;
Identification of the material and its location before removal;
statement under penalty of perjury that the material was removed in error or by misidentification; and
Consent to federal court jurisdiction for adjudication of the matter, or if overseas, to an appropriate judicial body.

This counter-claim notice will be promptly forwarded to the complaining party.

Should a proper counter-notice be provided, Spotlight may restore, at its sole discretion, the alleged infringing material in 14 days unless the claiming copyright holder brings suit within that time in a federal district court.

Please note that under the same law any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys’ fees.

Repeat offenders may have their access to the Website terminated without notice.

Spotlight’s Copyright Agent for notice of claims of copyright infringement on or regarding the Website can be reached by in writing to Agent for Copyright Claims, Comcast Spotlight, 5 Times Square, New York, NY 10036.

PERMISSION FOR WEB LINKING
If you link to the Website, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Spotlight. Any such link must not damage, dilute or tarnish the goodwill associated with Spotlight and/or any Spotlight intellectual property, nor may the link create the false appearance that your Website or organization is sponsored, endorsed by, affiliated or associated with Spotlight, and you may not “frame” the Website. You may not link to the Website from any website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Spotlight’s sole discretion. Spotlight reserves the right, in its sole discretion, to terminate any link from any website.

FORCE MAJEURE
Spotlight will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Spotlight’s reasonable control.

Governing Law
These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of Pennsylvania within the United States of America without giving effect to any principles of conflicts of law. Any dispute arising from these Terms of Use or the Website shall be resolved in the state or federal courts residing in the State of Pennsylvania and you irrevocably agree to the jurisdiction of such courts. Spotlight makes no representation that Material contained on the Website is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Contact Us
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us in writing at Agent for Copyright Claims, Comcast Spotlight, 5 Times Square, New York, NY 10036. We will attempt address any issue raised in a reasonable period of time.