Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Wherever used herein, “danceScape” means danceScape Corporation and includes danceScape’s related or affiliated entities, suppliers and licensors, and their respective directors, officers, employees, consultants and agents. By accessing, browsing and using this Site, you are signifying your consent to be bound by these Legal Terms and Conditions (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, please exit the Site.
1. Restrictions on Use of Materials
This Internet site (the “Site”) is a service of danceScape which is controlled and operated by danceScape Corporation (referred to as ” danceScape,” “we,” “us,” or “our” herein). All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is the property of danceScape, or other parties that have licensed their materials to danceScape, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by danceScape may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.
“danceScape” and the “danceScape Design” are trademarks of danceScape Corporation. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the Software (collectively, the “Software”) are licensed to you by danceScape. The license is personal, non-transferable and non-assignable. Title to the Software is not being transferred to you. You own the medium on which the Software is recorded, but danceScape, or others, retain full and complete copyright in and title to the Software and all other intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.
These Terms and Conditions are effective until they are terminated by you or danceScape. You may terminate this Agreement at any time by contacting danceScape customer support to disable your account ID. These Terms and Conditions will terminate immediately without notice from danceScape if, in danceScape’s sole discretion, you fail to comply with any material term or provision hereof or if danceScape believes that you, by your conduct, have violated any applicable law or are acting contrary to the interests of danceScape. All of the provisions of this Agreement save and except for Sections 9 and 22, shall survive termination of this Agreement and you agree to remain bound by those provisions that survive termination of this Agreement.
UNLESS OTHERWISE PROVIDED, THE MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DANCESCAPE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. DANCESCAPE DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE DANCESCAPE NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE OR ACCURATE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. DANCESCAPE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT DANCESCAPE) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Site is controlled and operated at offices in Burlington, Ontario, Canada. Certain services may be hosted on computers in other jurisdictions. danceScape makes no representation that materials or services on the Site are appropriate or available for use in other locations. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
4. Postings by Users
danceScape does not monitor or review the contents of communications posted to this Site by users. Nor do we confirm the validity of information contained in such postings. danceScape makes no representation or warranty, either express or implied, of any kind with respect to such postings or its contents. We do not vouch for or warrant the accuracy, completeness or usefulness of any posting, and are not responsible for the contents of any posting. Each posting expresses the views of its author, and not the views of danceScape or any entity associated with this Site.
Although danceScape does not review the postings and we are not responsible for the contents of any postings, danceScape reserves the right to delete any posting for any reason whatsoever. Any user who feels that a posting is objectionable is encouraged to contact danceScape by email. danceScape has the ability to remove postings, within a reasonable time frame, if danceScape, in its sole discretion, determines that a posting is, for any reason whatsoever, inappropriate for the Site. However, this removal process is a manual one and danceScape may not be able to remove or edit particular postings immediately. danceScape has no liability or responsibility for performance or non-performance of such activities.
You agree you will not attempt to delete or revise postings by any other person or entity, nor will you impersonate any other person.
You agree, through your use of this service, that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, pornographic, profane, threatening, invasive of any person’s privacy or intellectual property rights, or which violates any law or which is otherwise inappropriate. You agree not to post any copyrighted material unless you are the copyright owner. You agree not to post advertisements, chain letters, pyramid schemes, and other forms of solicitation.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DANCESCAPE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR SERVICES ON THIS SITE, EVEN IF DANCESCAPE, OR A DANCESCAPE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DANCESCAPE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE.
6. Links to Third Party Sites
The links on the Site will enable you to leave the Site and connect directly to linked sites. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of, or endorsement by, danceScape of any such site or entity, or its respective information, publications, products or services. danceScape shall not be responsible for the contents of any site linked to a danceScape site or for any link contained in a linked site. danceScape is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site by danceScape.
We would like to hear from you regarding danceScape’s products and services. Please note that if you send us suggestions, ideas, or other information (collectively, “Submissions”), unfortunately we will not be able to return the Submissions to you. Once submitted, the Submissions will become the property of danceScape and danceScape shall exclusively own all rights to the Submissions of every kind and nature throughout the universe, now known or hereafter existing, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you assign all copyright in and to the Submissions to danceScape and you waive all moral rights in the Submissions.
8. Jurisdiction and Severability
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.
danceScape reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold danceScape harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Site and the contents and services contained on the Site.
danceScape reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
12. User Privacy and Security Policy
Use of this Site is also subject to the terms of danceScape’s Security Policy accessible at www.dancescape.com. You recognize and agree that although danceScape security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, danceScape shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site.
You must not attempt to violate the security of the Site, including without limitation, (i) attempting to log into an account or server which you are not authorized to access or (ii) attempting to interfere with the services provided by the Site through means of a virus or flooding or otherwise overloading the Site’s servers, or by any other similar or dissimilar means.
13. Products/Services Supplied from Outside Ontario
You acknowledge and agree that certain products and/or services available on the Site may be supplied by third parties resident and operating outside the province of Ontario and/or may be hosted on computers located outside of the province of Ontario.
14. Payment for Products and/or Services
Fees for certain products or services will be charged to your credit card (Visa, MasterCard).
Tel: +1 (905) 633-8808, E-mail: email@example.com