Welcome to DanceScape. 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.com Inc. (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 TSP Inc..
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.
2.
TERMINATION
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.
3.
DISCLAIMER
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.
7.
SUBMISSIONS
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.
9.
AMENDMENTS
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.
10.
LANGUAGE
The parties have requested that these Terms and Conditions and all
documents contemplated hereby be drawn up in English. Les parties
aux présentes ont exigé que cette entente et tous
autres documents envisagés par les présentes soient
rédigés en anglais.
11.
INDEMNIFICATION
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 subject to the terms of DanceScape's Privacy
Policy, accessible at http://www.DanceScape.TV and http://www.dancescape.com.
You recognize and agree that: (i) the Internet is not a secure medium,
and neither the privacy of your communications, nor visits to this
Site, can be guaranteed; (ii) the nature of Internet communications
means that your communications may be susceptible to data corruption,
unauthorized access, interception and delays; (iii) the Site may
include incomplete information, inaccuracies or typographical errors;
(iv) DanceScape and any other persons involved in the management
of the Site may make changes in the information and content included
in the Site at any time without notice; (v) DanceScape shall not
be responsible for any detrimental reliance you may place on the
Site or its contents; and (vi) use of the Site is on an "as
is" basis and is strictly at your own risk.
Use
of this Site is also subject to the terms of DanceScape's Security
Policy accessible at http://www.DanceScape.TV and http://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. You will be asked to provide credit card information the first
time you use products or services that generate a fee. Additional
charges incurred during the same login session will be charged to
the same credit card. We do not store credit card information and
if you log out of DanceScape, you will be required to re-enter credit
card information.
Each
submission or order online for a product or service for which a
fee is charged is deemed to be an authorization to debit predetermined
sums representing applicable statutory and service fees, charges,
and applicable taxes from your credit card. You will be informed
of the total charges and asked to confirm the transaction before
it is charged to your credit card. You are responsible for all charges,
fees and taxes incurred by you. Charges and fees will be at the
rates established by DanceScape from time to time plus all additional
applicable taxes.
Before
submitting any request for information or filing please verify that
you have entered the name correctly. We cannot refund the cost of
a product or service if you have input the request incorrectly.
Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES
OR CANCELLATIONS.
If
we are unable to collect the charges, fees and/or taxes from your
credit card for any reason, you are responsible to pay DanceScape
directly the fees, charges and taxes plus any other charges (including
costs of collection) incurred by DanceScape.
You
are responsible for notifying DanceScape of any incorrect charges
within thirty (30) days of receiving a statement or receipt from
DanceScape. After any such thirty (30) day period, you shall forfeit
any recourse to DanceScape to claim a credit.
DanceScape
records all transactions conducted herein for the purposes of administration
of the products and services.
ADDITIONAL
LEGAL TERMS AND CONDITIONS FOR USERS OF DANCESCAPE BULLETIN BOARDS
The
following terms and conditions are in addition to, and are not intended
to be in substitution for, or in any way in limitation of, the Terms
and Conditions for users of the Site.
15.
You remain solely responsible for the content of your messages posted
in the discussion forums or bulletin boards (collectively the "Bulletin
Board"), and you agree to indemnify and hold harmless DanceScape
and TSP Inc. (the makers of the Bulletin Board software), and their
directors, officers, employees and agents with respect to any claim
based upon transmission of your message(s). DanceScape also reserves
the right to reveal your identity (or whatever information we know
about you) in the event of a complaint or legal action arising from
any message posted by you.
Tel:
+1 (866) 309-6470 (Toll-Free USA/Canada), +1 (905) 633-8808
Fax: (905) 633-8813
E-mail: info@dancescape.com
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