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TERMS AND CONDITIONS
Before using any services provided on torontodanceclasses.com (the "Site"), you must read and accept all the terms and conditions provided below. If you do not agree to these terms and conditions you may not use the services provided and/or proceed to register to the Site.
Definitions:
"School(s)" is an entity or person(s) providing dance classes on a regular ongoing basis.
Agreement:
The terms and conditions outlined below form an agreement (the "Agreement"), between you and torontodanceclasses.com. The Agreement may be updated and/or modified from time to time. By using the service after October 5, 2006, you are agreeing to be bound by this Agreement including all amendments made to date. As used in this Agreement, "we" and "us" means torontodanceclasses.com.
In order to use the Site as a School you must either be the owner, officer and/or director of the School or have been granted authority by the owner, officer and/or director of the school. In order to use the Site as a School you must be over the age of 18. If you use the Site as a School you represent, warrant and covenant that you are at least 18 years old.
Right to Use:
Your right to use the Service is subject to any limitations, conditions and restrictions established by the Site from time to time, at its sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability
Code of Conduct:
You agree to use the Site in accordance with the following Code of Conduct:
- You will NOT post any information, classes, or any other content which is fraudulent, misleading, inaccurate or violates any law;
- You will NOT exploit, abuse or misuse the services provided by the Site;
- You will NOT post the same class or event more than once;
- You will NOT use the Site to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
- You will NOT use the Site to infringe the privacy rights, property rights, or any other rights of any person;
- You will NOT post or otherwise distribute messages, pictures or recordings or use the Site in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; and
- You will NOT use the Site to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, or to other members' systems in any way; and
The Site may, at its sole discretion, determine your compliance with the code of conduct set out above and may suspend, permanently ban, or take any other action it deems appropriate against you for non-compliance.
Fees and Payments Applicable to Schools:
- Schools may purchase Memberships. While the school has a membership, all posted classes will appear on the site during searches. Memberships last for a specified number of months.
- The membership beings on the day the membership was purchased. If an existing membership has not yet expired, the new membership will extend from the end date.
- Purchases may only be done by person(s) who are at least 18 years old. If you make a purchase, you represent, warrant and covenant that you are at least 18 years old;
- Schools are responsible for paying the published price, and all applicable taxes in connection with the purchase of the Membership.
- The Site reserves the right to change its pricing policy at any time and at its sole discretion. The Site further reserves the right to change the method in which it charges Schools for Membership, or the method of payment which is acceptable, at its sole discretion;
- You can confirm the remaining membership available to you at any time, by checking your account online at the Site.
- Memberships are NOT transferable from School to School.
- If your usage of the Site is terminated because of a breach of this Agreement or if it is terminated for any other reason at the Site's sole discretion, any remaining Membership is automatically and immediately forfeited.
New Student Guarantee:
A refund of all purchases on the site may be requested within 60 days of the School's registration date in accordance with the New Student Guarantee. The New Student Guarantee provides that a full refund may be requested if a School does not receive any new students as a result of its postings on the Site. A cheque will be sent by mail to the address registered on the Site within 30 days for the amount spent on credits on the Site from the day of the request for refund. Should a School opt to exercise this refund, they may not re-register on the Site for at least 6 months from the date of refund. The Site also reserves the right, at its sole discretion, to refuse users re-registration after the 6 month period has expired.
Links:
The Site may contain links to other internet sites and resources. You acknowledge that the Site is NOT responsible or liable, directly or indirectly for, any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any services available through links.
Monitoring:
The Site reserves the right to monitor all postings to ensure that they conform with the content guidelines, which may be applicable from time to time.
Responsibility:
School contributing Materials on the Site do so at their own discretion and are solely responsible for the content of that material. The Site has no responsibility for the content of any information posted by Schools, or for the content of information of third parties on the internet even if accessed through the Site.
Removal:
The Site reserves the right, at its sole discretion, to remove any postings that it deems to violate the code of conduct set out above, or any applicable guidelines, or may otherwise be deemed unacceptable. You shall remain solely responsible for the content of your posting on the Service.
Security:
Your account is private and should only be used by you. You are responsible for all usage or activity on the Site by users using your password, including but not limited to the use of your password by any third party.
Indemnity:
You agree to indemnify the Site and its employers, without limitation, from any damages, costs or expenses which the Site may incur as a result of material entered into the site by you. Including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in defense of any claim.
Warranties and Liability:
The Site is distributed on an "as is" basis. The Site does not warrant that this Site will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Site is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
YOU ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR OWN RISK.
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES. THE SITE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION POSTED BY SCHOOLS.
THE SITE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS POSTED BY SCHOOLS AND THE SITE DOES NOT ENDORSE OR RECOMMEND ANY SCHOOL. ALL SCHOOL POSTED MATERIAL, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO THE QUALITY OF THE SERVICE OR PRODUCT OFFERED BY THE SCHOOL.
THE SITE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SCHOOL AND FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
Modifications:
The Agreement is subject to change without notice. Please check this page often to review its terms and conditions and any amendments which may be made thereto. If you do not agree with the modifications, you should terminate your use of the Site. Your continued use of the Site now, or following the posting of notice of any change in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modification.
Governing Law:
This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.
THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.
Copyright:
© Coenix Inc. 2007
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