These Terms of Use (the “Terms of Use”), together with any and all other documents referred to herein, set out the terms of use under which you may use this website, CompetitiveDance.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them.  You will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. 

ALL DANCERS, GUARDIANS, STUDIOS, COMPETITIONS AND OTHERS THAT USE THIS SITE: YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE AND THAT BY AGREEING TO THESE TERMS YOU MAY BE LIMITING YOUR RIGHTS. IF YOU DO NOT AGREE WITH ANY PORTION OF THE TERMS OF USE, IMMEDIATELY STOP ACCESSING OR USING THE SITE.

1 Definitions and Interpretation

1,1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2  Information About Us

2.1 Our Site, CompetitiveDance.com, is owned and operated by Competitive Dancer Registry, Inc.  whose registered address is 15355 Jane Street, King City, Ontario, Canada, L7B 1A3.

2.2 Our Site is strictly a database of confirmed competitive dancers. Our Site acts only as an online registry for youth who participate in competitive dance individuals. Information provided to the ICDR will be used for the purpose of maintaining current and active records of registered participants' dance history including studio affiliations, attendance at competitive events, conventions and workshops, and may also be accessed to investigate allegations of dishonesty, abuse and cheating.

2.3 All results from competition attendance are completely dependent upon the competition providing complete information to the ICDR. ICDR is not responsible if the information from the competitions is not complete or accurate. The dancer and or guardian will have the opportunity to update the information and correct it if it is in error upon notification to Us.

 

3 Access to Our Site and Age Restrictions

3.1 You must be the higher of 18 years of age or the legal age of majority and/or age of consent in your jurisdiction to use Our Site. By using Our Site or agreeing to the Terms of Use, you warrant and represent to us that you are at least 18 years of age and/or are compliant with any other local laws or regulations regarding use of Our Site which are applicable to you.

3.2  If We have any reason to suspect that you are under this age or otherwise do not meet any other applicable requirements, We reserve the right to suspend or terminate your access to Our Site.

3.3 It is your responsibility to make any and all arrangements necessary in order to access Our Site, including but not limited to any hardware or software requirements.

3.4 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.5 We do not represent nor warrant that any scholarships, bursaries, or other compensation or awards of any kind are available or may be attainable by You as a result of Your participation or inclusion in Our Site.

3.6 A dancer and a guardian cannot be an ICDR member without an affiliation to an ICDR accredited studio. If a dancer leaves a studio, they have 6 months to connect with a new studio or their account will be put on pause.

3.7 Studios designated by dancers will have access to that dancer’s entire dancer profile.

3.8 You must not use Our Site if you ever have been convicted of or pled no contest to an offense of a sexual nature, if you have charges pending in connection with an offense of a sexual nature, or if you are or are required to register as a sex offender with any government entity or department in any jurisdiction.

3.9 Senior and graduating dancers will be provided with access to their Account despite not paying the applicable annual fees, in Our discretion. For anyone who has not paid their applicable annual fee, they may have their Account access suspended or terminated immediately without notice and may thereby lose access to all Content.

 

4 Accounts and Billing

4.1 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.

4.2 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at: https://www.CompetitiveDancer.com/next/contact.  We will not be liable for any unauthorized use of your Account.

4.3 You must not use anyone else’s Account or share anyone’s Account.

4.4 Any personal information (other than as may be contained in User Content which is subject to the provisions of Section 6) provided in your Account will be collected, used, and held in accordance with Section 15.

4.5 If you wish to close your Account, you may do so at any time.  Closing your Account will result in the permanent removal and deletion of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

4.6 If you close your Account, any User Content will be deleted save and except for any messages which you previously sent to another Member who may retain those messages.

4.7 You are responsible for any activity on Our Site arising out of any failure to keep your Account credentials, including but not limited to your password confidential, and may be held liable for any losses or damages arising out of such a failure. You agree to indemnify and hold Us harmless from any losses, damages, costs, expenses, and legal fees arising as a result of your failure to keep your Account details confidential or use of your Account by another person whom you have provided access or enabled access.

4.8 Further information on how to use Our Site is available here: https://www.CompetitiveDancer.com and all requirements, procedures, directions, terms and conditions therein are incorporated herein in the Terms of Use by reference, except where such provisions are inconsistent with the Terms of Use and in such case the Terms of Use shall prevail and take precedence over any provision to the contrary.

4.9 Registered Account holders with will be able to access our Services which may include and which may vary from time to time:

a) the publication of a personal profile on Our Site;

b) access to Our searchable database of other Users' personal profiles;

4.10 Foreign Transaction Fees. We may use credit card processors or banks outside of your jurisdiction to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Credits, please check with your bank or credit card issuer for more information about its policies regarding foreign transactions and similar fees and charges.

4.11 Sales Final. Subject to Section 4.17, you agree that all payments made on our Site are final and that you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will open a support ticket through Our Site to resolve the issue. Should a dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by Our bank, which may be as much as US$100 per instance.

4.12 Chargebacks and related fees. You are responsible for any credit card chargebacks and related fees that We incur on your account. If you fail to reimburse Us for any credit card chargebacks or related fees within 30 days of Our initial demand for reimbursement, you must pay Us the higher of the amount wrongfully charged back or $100 USD as well as any costs incurred by Us for each fee incurred.

4.13 Refunds. We consider all purchases final when made. Unused membership fees have no cash value and are not subject to return, exchange or refund. We make no promise that We will give you a refund. If We give you a refund, We will issue the refund in the form of a credit to the credit card or to your account that you used for your purchase, at Our sole discretion.

 

5 Intellectual Property Rights

5.1 With the exception of User Content (see Section 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable intellectual property laws and treaties.

5.2 Subject to Subsections 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use or reproduce Content from Our Site.

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download any Content where We have provided a link enabling you to do so;

5.3.3 Download portions of Our Site (or any part of it) for web browser caching purposes only;

5.3.4 Save pages from Our Site for later and/or offline viewing.

5.3.5 You may not use any Content from Our Site for commercial purposes without first obtaining a license from Us (or Our licensors, as appropriate) to do so. 

5.4 Subject to Subsections 5.3 and 5.7 and Section 6 (governing User Content) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.  For further information, please contact Us at https://www.CompetitiveDancer.com/next/contact.

5.5 ICDR, COMPETITIVE DANCER, COMPETITIVEDANCER.COM, Our logos and Our other registered and unregistered trademarks are trademarks belonging to Us. We give no permission for the use of these trademarks, and such use may constitute an infringement of Our rights.

5.6 The third-party registered and unregistered trademarks or service marks on Our Site are the property of their respective owners and, unless stated otherwise in these terms and conditions, We do not endorse and are not affiliated with any of the holders of any such rights and as such We cannot grant any license to exercise such rights.

5.7 Copyright Infringement Notices

To file a copyright infringement notification with Us relating to Content on our Site you will need to send a written communication that includes substantially the following:

• 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 copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

• 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.

• 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.

To expedite Our ability to process your request, such written notice should be sent to our designated agent at [email protected]. Don't make false claims!

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

 

6 User Content

 6.1 User Content on Our Site includes (but is not limited to) content submitted to or via Our Site by Users including, but not limited to, personal profiles and the text, video, and images included therein, together with all messages including video and     photographic messages sent between Users.

6.1.1User Types:

6.1.1.1 Competitions- can submit details about dance competitions and events, including the event’s name, dance categories, routines names and participating dancers, and results.

6.1.1.2 Dance studios- can submit their studio details including, name, nickname, business contact information, and director’s name. Studios also submit their competitive team including their name, age and contact information, as well as reached milestones through our Milestone Badge Program. Once a badge is awarded, it cannot be revoked. If it was awarded in error, please contact us at [email protected].

6.1.1.3 Guardians- once a studio submits a dancer’s information, their guardian is contacted by email and prompted to verify the submitted details and to complete their profile, including dancers’ date of birth and gender. Guardians are also required to provide a portrait of the dancer that is displayed on their ICDR ID card. Once submitted, dancers’ age and years of experience cannot be updated. Their portrait can be updated once a year upon renewing their ICDR registration. Guardians are informed by email every time a studio adds their dancer to their roster, awards a badge, or participation at an event as well as results are submitted.

  6.2 An Account is required if you wish to submit User Content. Please refer to Section 4 for more information. User Content, including studio affiliation, event participation, results, and reached milestones, is stored in our database for the purpose of         maintaining registrants’ dance history as provided by ICDR-registered dance studios and competitions. Competitions and studios can search dancers’ using their ICDR ID number and with it, they can view they first name, age, and number of years of dance   experience. Competitions and studios can also request access to dancers’ dance history and guardians can choose to grant it or refuse. If access is granted, competitions and studios can view studio dancers’ dance history, including studio affiliation, event     participation, results, and reached milestones. The last name, age, and location details of dancers are never shared.

6.3 You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Section 13.

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify and hold Us harmless for any breach of the warranties given by you under Subsection 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide license to use, store, archive, syndicate, publish, transmit, share, adapt, edit, reproduce, distribute, transfer, sell, license, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site for the purpose of the ordinary usage of Our Site within the confines of the Terms of Use.

6.6 You represent and warrant that you have the right to use and permit us to use your User Content in accordance with the Terms of Use and that such use will not infringe the rights of any third party.

6.7 If you wish to remove User Content from Our Site, the User Content in question may be deleted by you via the functions available through your Account or by Us if you request that your Account be closed. Please note, however, that any User Content that you have already shared with another User or any copies of User Content that another User has in its possession whether in the User’s Account or otherwise, may not be deleted.

We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

6.7.1 Your User Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

6.7.2 Your User Content may not contain any material that is or has ever been the subject of any threatened or actual legal proceedings, complaint, or investigation.

6.7.3 Your User Content must not link to any website, web page or other source consisting of or containing material that would, were it posted on Our Site, breach the Terms of Use.

6.7.4 Your User Content must not:

a) be libelous or maliciously false;

b) be obscene or indecent;

c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

d) infringe any right of confidence, right of privacy or right under data protection legislation;

e) constitute negligent advice or contain any negligent statement;

f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

g) be in contempt of any court or in breach of any court order;

h) be in breach of racial or religious hatred or discrimination legislation;

i) be blasphemous;

j) be in breach of official secrets legislation;

6.7.5      If you learn of any unlawful User Content or activity on Our Site, or any User Content that breaches the Terms of Use, please let Us know immediately here: https://www.CompetitiveDancer.com.

 

7 Links to Our Site

7.1  You may link to Our Site provided that:

7.2  you do so in a fair and legal manner;

7.3  you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.4  you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

7.5  you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.6  You may link to any page of Our Site however the link may not work or may revert to another page on Our Site if your link is to access controlled Content or any other area of Our Site which requires User access.

7.7  Framing or embedding of Our Site on other websites is not permitted without Our express written permission.

7.8  You may not link to Our Site from any other site the main content of which contains material that violates Section 6 or any other provision of the Terms of Use, and without limiting the generality of the foregoing:

7.8.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.8.2 promotes violence;

7.8.3 promotes or assists in any form of unlawful activity;

7.8.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

7.8.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.8.6 is calculated or is otherwise likely to deceive another person;

7.8.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.8.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Section 7.4);

7.8.9 implies any form of affiliation with Us where none exists;

7.8.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

7.8.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

8 Links to Other Sites and Affiliated Sites

8.1  Links to third-party sites may be included on Our Site.  These sites may not be under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to a third-party site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

9 Safety and Security

9.1 You acknowledge that We do not put Members through a vetting process, criminal background check or otherwise qualify them for participation or use of Our site in any way. As such, you acknowledge that you must treat every person that you interact with on or via Our Site with adequate and appropriate precaution as you would with any person that you do not know or are not familiar with.

9.2 You acknowledge that your use of Our Site is solely at your own risk and that it is your responsibility to assess each User that you interact with via Our Site.

9.3 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SITE OR USER OF THE SERVICE OR ANY SPONSOR, STUDIO, OR COMPETITION. YOU ASSUME ALL RISK WHEN USING THE SERVICE AND THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER USERS.

9.4 You acknowledge that, in order to neutralize the risks associated with compromised passwords and to ensure the secure store and management of your information, two-factor authentication (2FA) acceptance is required as a condition of use of the ICDR.

 

10 Disclaimers and Legal Rights

In addition to all other disclaimers that exist in the Terms of Use;

10.1 Nothing on Our Site constitutes advice or information on which you should rely.

10.2 We make no representations or warranties as to the conduct of Users or their compatibility with you.

10.3 We strictly disclaim all representations and warranties of the accuracy, honesty, or desirability of any dancer profiles or User Content. We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

10.4 You specifically acknowledge and agree that We are not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and We reserve the right to remove such materials from Our Site without liability or notice to you.

10.5 We do not make any representations, warranties or guarantees (whether express or implied) that the Content or User Content is complete, accurate, or up to date.

10.6 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not necessarily reflect Our opinions, views, or values in any way.

10.7 We are not responsible for data loss, unauthorized distribution or dissemination of Content, or hacking of your account, personal data, or your Content.

10.8 To the extent that Our Site and the information and services on Our Site are provided free of charge, We will not be liable for any loss or damage of any nature.

10.9 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.7 shall not apply.

10.10 You accept that We have an interest in limiting the personal liability of Our officers and employees and, having regard to that interest, you acknowledge that We are a limited liability entity; you agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with Our Site or these Terms of Use.

10.11 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR FOR SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR LAST MEMBERSHIP FEE OR THE AMOUNT OF US$100.00, WHICHEVER IS HIGHER.

10.12 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

10.13 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF, OR RELATED TO, DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. YOU EXPRESSLY WAIVE ANY RIGHTS THAT YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

10. 14 THIS WEBSITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR OUR SITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

 

11 Legal Compliance

11.1 We reserve the right to comply or cooperate with any law enforcement agency and without limiting the generality of the foregoing, to reveal and disclose your User Content including personally identifiable information and message if We receive a legal document such as a search warrant, subpoena, court order, or similar document or if We become aware of any User Content which may violate any applicable law, to report same to the appropriate authorities without notice to you.

 

12 Our Liability

12.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

12.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content or User Content, included on Our Site.

12.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

12.4 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it or messages with another User) or any other site referred to on Our Site.

12.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

12.6 You hereby indemnify Us, and undertake to keep Us indemnified and held harmless, from and against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly out of your use of Our Site or any breach by you of any provision of these Terms of Use.

 

13 Viruses, Malware and Security

13.1 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

13.2 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

13.3 You must not attempt to gain unauthorized access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

13.4 You must not attack Our Site by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.

13.5 By breaching these provisions, you may be committing a criminal offense and any and all such breaches may be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

13.6 You must not:

a) use Our Site in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

b) use Our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

c) hack or otherwise tamper with Our Site;

d) probe, scan or test the vulnerability of Our Site without our permission;

e) circumvent any authentication or security systems or processes on or relating to Our Site;

f) use Our site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

h) decrypt or decipher any communications sent by or to Our Site without our permission;

i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Site without Our express written consent;

j) access or otherwise interact with Our Site using any robot, spider or other automated means, except for the purpose of search engine indexing;

k) use Our Site except by means of our public interfaces;

l) violate the directives set out in the robots.txt file for Our Site;

m) use data collected from Our Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

n) do anything that interferes with the normal use of Our Site.

 

14 Acceptable Usage Policy and Termination

14.1 You may only use Our Site in a manner that is lawful and that complies with the Terms of Use including but not limited to Section 6 which addresses User Content. Without limiting the foregoing,

14.2 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

14.3 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

14.4 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

14.5 you must not use Our Site in any way, or for any purpose that is intended to harm any person or persons in any way.

14.6 Collect user names or email addresses of Users of Our Site for the purpose of sending unsolicited communication

14.7 Make any statements that you imply are endorsed by Us without Our prior written consent.

14.8 Direct any Users to another service or website through Our Site or Service.

14.9 Termination. We may cancel or terminate your right to use Our Site or any part of Our Site at any time without notice. In the event of termination, you are no longer authorized to access the part of Our Site affected by such termination or if applicable, at all. The restrictions imposed on you and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.

14.10 We reserve the right to investigate and, if appropriate, suspend or terminate your Account without a refund if you have violated the Terms of Use, misused Our Service, or behaved (whether on or off Our Website) in a way that We regard as inappropriate or unlawful in our sole unfettered discretion. We reserve the right to make use of any technological, legal, or other means available to enforce these Terms at any time, without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Service.

14.11 We reserve the right to suspend or terminate your access to Our Site for any reason in our sole and unfettered discretion, including, but not limited to, if you materially breach the provisions of this Section 14 or any of the other provisions of the Terms of Use.  Specifically, We may take one or more of the following actions:

14.11.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

14.11.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;

14.11.3 issue you with a written warning;

14.11.4 take legal proceedings against you for reimbursement of any and all relevant costs on a full indemnity basis resulting from your breach;

14.11.5 take further legal action against you as appropriate;

14.11.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

14.11.7 any other actions which We deem reasonably appropriate (and lawful).

14.12 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

14.13 Except as expressly permitted by the Terms of Use, you must not edit or otherwise modify any Content on Our Site.

14.14 Unless you own or control the relevant rights in the User Content, you must not:

a) republish material from Our Site (including republication on another website);

b) show, share, transmit, reproduce, or disclose any Content, including User Content, from Our Site in public or with another person who is not a Member or who was not the intended and authorized User or recipient of such material;

c) exploit material from Our website for a commercial purpose; or

d) redistribute material from Our website.

 

15 Privacy and Cookies

Use of Our Site is also governed by Privacy Policy which includes Cookies, available at: https://www.CompetitiveDancer.com/privacy.  This policy is incorporated into these Terms of Use by this reference.

 

16 Data Protection

All personal information that We may use will be collected, processed, and held in accordance with the provisions of Our Privacy Policy.

 

17 Communications from Us

17.1 If you have an Account, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, your purchase of Credits, changes to these Terms of Use, and changes to your Account.

17.2 By agreeing to the Terms of Use, you consent to receiving communications and marketing emails.  Any and all marketing emails sent by Us include an unsubscribe link.

17.3 For questions or complaints about communications from Us please contact Us at https://www.competitivedancer.com/contact.

SMS Account Verification

17.4 When You opt in to receive SMS communications from Us, We will send a code via text message for account verification and access. The code must be entered on www.competitivedancer.com as prompted and You do not need to reply to Us via text.

17.5 You can cancel the SMS service at any time. Just text “STOP” to the short code. After You send the SMS message “STOP” to us, we will send You an SMS message to confirm that You have been unsubscribed. After this, You will no longer receive SMS messages from Us. If You want to join again, just sign up by checking the opt in box next to Your phone number in Your account.

17.6 If You are experiencing issues with the messaging program You can get help directly at [email protected]

17.7 Carriers are not liable for delayed or undelivered messages.

17.8 As always, message and data rates may apply for any messages sent to You from Us and to Us from You. You will receive codes for account verification and access to which you don’t need to respond. If You have any questions about your text plan or data plan, it is best to contact Your wireless provider.

  17.9 If You have any questions regarding privacy, please read Our Privacy Policy by clicking on this link: Privacy Policy.

 

18 Changes to these Terms of Use

18.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

18.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

19 Contacting Us

To contact Us, please see https://www.CompetitiveDancer.com/contact.

 

20 Law and Jurisdiction

20.1 Due to the nature of the Internet, it is not possible for Us to restrict access to Our Site only to only certain jurisdictions. Some or all of the services offered on or through, or advertised on Our Site may not be eligible for provision, solicitation, and/or display in your jurisdiction. If you are accessing Our Site from such a jurisdiction, you should not consider anything on Our Site as an offer to provide, display or as a solicitation to the public to purchase any product or service from or through Our Site. Our Site is for use only by persons residing in jurisdictions where such products and services are legal.

20.2 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of the Province of Ontario and of Canada therein.

20.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Toronto, Ontario. By accessing and using Our Site and/or Service, you hereby irrevocably consent to the jurisdiction and venue for any dispute between you and Us arising from or related to Our Site and the Service.

 

21 UK and EU. If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in the Terms of Use affects your rights as a consumer to rely on any such mandatory provisions of local applicable law.

 

22 Moral Rights. If you are a resident of any jurisdiction where moral rights may not be assigned or waived, the moral rights to your User Content shall not be assigned or waived.

 

23 California. If You are a California resident, you waive California Civil Code Section 1542, which says as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor". Under California Civil Code Section 1789.3, Our contact information is set out above. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs here: https://www.dca.ca.gov/about_us/contactus.shtml.

 

24 Australia. You consent to the transfer to and processing of your information in any jurisdiction throughout the world and you acknowledge that other jurisdictions (including Cyprus) may not have privacy protections equivalent to the Australian Privacy Act 1988. You may not have a remedy against Us as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act may apply

 

25 Assignment

25.1 You hereby agree that We may assign, transfer, sub-contract or otherwise deal with Our rights and/or obligations under the Terms of Use.

25.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Terms of Use.

 

26 Severability

26.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

26.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

27 Third Party Rights

27.1 A contract under these terms and conditions is for Our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

27.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

28 Entire Agreement

28.1 These terms and conditions, together with our Privacy Policy and all other agreements and policies referenced herein and incorporated by reference, shall constitute the entire agreement between you and Us in relation to your use of Our website and shall supersede all previous agreements between you and Us in relation to your use of Our website.