Terms of Use

TERMS AND CONDITIONS – BUYERS

Definitions

Company : ChoreOnline Inc.  also referred to as “ChoreOnline”  and/or “we” acting as an intermediary for choreographic transactions.

Customer : “you” and/or “user” whether a person or entity, as a buyer of our Services and user of our Website.

Services : the Company provides services through a web platform that sells performance rights for dance choreography.

Introduction

  1. These Terms and Conditions (hereinafter the “Terms/terms”)  govern your use of our website located at http://choreography.online  (hereafter “Website” or “site”) and all Services provided by the Company; By using this website and our Services, you agree to be fully legally bound by these Terms and any modification of such terms by the continuous use of the Services.  Please read the Terms prior to using our Website and our Services. If you disagree with these Terms or any part thereof, or any modification, you must not use our Website and/or our Services. Any breach to the present Terms can lead to legal actions by ChoreOnline.

  2. You must be at least be eighteen [18] years of age to use our Website. By using our Website and by agreeing to these Terms, you warrant and represent that you are at least eighteen [18] years old or that you have the age of legal majority established by the law of your country and are capable of entering into a legally binding agreement under applicable law. By using our Services you agree that any breach of this obligation will be at your sole and entire responsibility and that we will not be held liable.

  3. Our Website uses cookies. By using our Website and agreeing to these terms of use, you consent to our use of cookies in accordance with these Terms and our Privacy Policy (insert link to Privacy Policy).

  4. The Section headings used in this Agreement are for convenience of reference only and are not to affect the construction hereof or be taken into consideration in the interpretation hereof.

License to Use Website

Unless otherwise stated, we own all the Intellectual Property Rights in the Website and material on the Website that is not user-generated content. Subject to the license below, all these intellectual property rights are reserved.

  1. We grant you a limited, revocable, non-transferable and non-exclusive license to view, download for caching purposes only, and print reasonable copies of pages from the Website for your own personal non-commercial use only, subject to the restrictions set out below and elsewhere in these Terms.

  2. You must not, without our prior written consent:

    1. republish material from this Website (including republication on another website);

    2. sell, rent or sub-license material from the Website;

    3. show any material from the Website in public;

    4. reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;

    5. edit or otherwise modify any material on the Website;

    6. redistribute material from this Website except for content specifically and expressly made available for redistribution (such as our newsletter).

    7. Create derivative copies of the Website.

  1. You may not use any user-generated content obtained from http://choreography.online without first obtaining a license through the system.

  2. All rights which are or have been expressly granted are hereby reserved and any performance of any choreography that is not within the scope and valid time frame of a paid ChoreOnline  usage license is considered unauthorized use and is strictly prohibited.

  3. Videos purchased and downloaded from our site may not be distributed publicly through YouTube, Vimeo, or any other social media, website, online platform, or a publicly visible entity on the internet without prior written approval of ChoreOnline  and the owner of the rights to content of the video(s).

  4. A license is for one person only or for a group (only if the choreography is group choreography). A purchased usage license is non-transferable to a third party or to another person or group to perform the same dance without ChoreOnline’s prior written consent.  If a different person or group of people wishes to perform the same dance, they must purchase a group license.

  5. Users may not remove any watermarks or any copyright or ownership notices in the materials, content or products obtained or made available by ChoreOnline.

  6. If video or images of performance of purchased choreography danced by buyer is displayed publicly on digital, print or any other media, the name of the choreographer, music composer, music performer(s), and ChoreOnline  license MUST be listed.

  7. We reserve the right to refuse to offer our Services to anyone for any reason at any time, including but not limited to breach of the Terms or Privacy Policy or misuse of the Services.

Remuneration

By purchasing our Services, you agree to pay the price listed on our Website for the chosen Service, plus fees as listed below. Upon payment of said price, you will be granted rights to use selected Service for a one (1) year period, pursuant to the present Terms and the appropriate license.  The payment of the Services will be processed via Stripe and/or PayPal and all payment information shall transit through Stripe and/or PayPal. You, as the Buyer, will have to pay the listed price for the Services, plus a 5.00$ (CAD) intermediary fee for ChoreOnline’s Services, as well as applicable transaction fees. We encourage you review the total amount of the transaction before proceeding with the payment.  ChoreOnline will assume no liability relating directly or indirectly to payment processing or payment related issues. ChoreOnline will not issue any refund for its intermediary fees and transaction fees, and any refund for the Seller’s fees will be subject to the dispositions of the present Terms and approval of the Seller.

Acceptable Use

  1. You must not use our Website in any way that causes, or may cause, damage to the Website or impairs the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  2. You must not use our Website 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, root kit or other malicious, harmful  or destructive computer software.

  3. You must not 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 Website without our express written consent.

  4. You must not use our Website to transmit or send unsolicited commercial communications.

  5. You must not use our Website for any purposes related to marketing without our express written consent.

  6. You must not use our Website in a way that violates our and any other third party’s rights. The Company has also a zero-tolerance policy regarding abuse and/or the unauthorized use of third party, other customers’ or website’s users personal information, any infringement or violation of our, third party, other customers’  or website users’ rights, disrespect, interference or any attempt thereof with the Company’s security measures, and the use of any device or software intended to harm or access any other customers’ and VoIP.ms’ devices. In case of violation to this obligation, the Company reserves the right to delete or suspend any user or customer account, without limiting its other legal rights.  

Restricted Access

  1. Access to certain areas of our Website is restricted. We reserve the right to restrict access to other areas of our Website, or indeed our whole Website, at our sole and entire discretion. (We obviously would only do that if we have reason to believe that you visit with malicious intent).

  2. It is your responsibility to protect the confidentiality of your account information and you agree that you assume full responsibility for any activity on our Website arising out of any failure to keep your information confidential and may be held liable for any losses arising out of such a failure, whether such activity was with or without your authorization.

  3. You must not use any other person’s user ID to access our Website, unless you have that person’s express permission to do so.

  4. You must notify us in writing immediately if you become aware of any unauthorized use of your account or email.

  5. We may disable your user ID at any time in our sole discretion with or without notice or explanation, without prejudice to any other legal recourse (We obviously would only do that if we have reason to believe that you visit with malicious intent).

User Content

  1. We may, but have no obligation to, edit or remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, indecent, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s privacy or publicity rights or intellectual property or these Terms of Service.

  2. Notwithstanding our rights under these Terms in relation to user content, we do not warrant or promise to monitor the submission or publication of any content on our Website and will not be held liable in case of any wrongful submission or publication.

  3. We do not warrant that the results that may be obtained from the use of this Service will be uninterrupted, accurate, timely, secure or error-free or fit for the intended purpose, but we commit to do the best we can to give you the best service possible. By using our Services, you acknowledge and agree that we will not be held liable in case of faulty Services, unless such fault is due to our gross negligence.

  4. You guarantee that you will obtain the necessary usage rights to any music used or excerpt thereof, including any and all music used in any medley or any other edit that is different than the original recorded music track, that is used in any choreography you purchase and use.

Limited Warranties

  1. ChoreOnline  provides this Website as well as the Services and content provided thereon “as is” without warranty of any kind, express or implied, including without limitation, implied warranties of fitness for particular purpose  and merchantable or satisfactory quality.

  2. ChoreOnline   is a third party to choreography transactions carried out on or through the site and any disagreements, disputes, or claim between Buyer and Seller with respect to any choreography license purchased on or through the ChoreOnline Website, remains between the buyer and seller and must be resolved by them without any involvement of the Company.  If a chargeback is agreed upon by both parties, the Seller shall refund the amount of the sale to ChoreOnline and request that ChoreOnline process a refund to the Buyer in the same amount. This chargeback request to ChoreOnline must come from the Seller, and not from the Buyer. ChoreOnline will not process chargeback requests that come solely from the Buyer and will assume no liability and responsibility in case of any and all litigation or claim between Buyer and Seller

  3. We do not warrant the completeness, security or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available at all times or that the material on the Website is kept up to date or reliable. If you use our Website, please take note that you do so at your own sole risk and you release the Company from any and all liability to that effect.

  4. To the maximum extent permitted by applicable law, we exclude and disclaim all liability, representations, warranties and conditions relating directly or indirectly to this Website and the use of this Website including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for a particular purpose.

Limitations and Exclusions of Liability

  1. ChoreOnline will not assume any liability for : (a) death or personal injury resulting from our negligence, excluding our gross negligence; (b) fraud or fraudulent misrepresentation. ChoreOnline will not limit any of our or your liabilities in any way that is not permitted under applicable law, or exclude any of our or your liabilities that may not be excluded under applicable law.

  2. The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these Terms of use or in relation to the subject matter of these Terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

  3. While ChoreOnline will do its best efforts to provide Services with acceptable level of care and skill , you agree that we will not be liable for any and all damages, loss or injury whatsoever resulting from or related to, directly or indirectly, any choreographic information or Services carried out by us to the extent that the damage, loss or injury does not arise directly or wholly from our gross negligence as described above.

  4. Without prejudice to other dispositions in these Terms, we will not be liable to you in respect of any and all losses, damages or injury arising out of any event or events beyond our reasonable control or arising out of events being generally considered as Force Majeure.

  5. We will not be liable to you in respect of any and all business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, reputation, or goodwill.

  6. We will not be liable to you in respect of any and all loss or corruption of any data, database or software, resulting directly or indirectly from your use of our Services or Website.

  7. We will not be liable to you in respect of any special, punitive, incidental, exemplary, indirect or consequential loss or damage arising out of, directly or indirectly, your use of the Services or Website.

  8. Links to/from Third Party Sites: The ChoreOnline Website may feature links to other websites which are owned and/or controlled by third parties. If we include those links, please take note that our inclusion is not an endorsement. ChoreOnline does not own or manage those sites and our terms of service do not apply to services, products, content or information provided on those third party websites or their information collection practices.  Accordingly, ChoreOnline makes no warranty of any kind, express or implied, on the suitability or safety of third-party websites and we will not accept responsibility for content or practices on third Party Platforms that link to or from the ChoreOnline Website, which you acknowledge and understand by clicking on links to third party sites. Any views, philosophies, representations, statements, or opinions on said third party platforms do not necessarily reflect the views, philosophies of ChoreOnline  and its owners or employees.

Cancellation and Termination

  1. You may cancel your account at any time by going to your account settings and deleting your account or communicating directly with ChoreOnline.

  2. Once your account is cancelled, all of your Content (including user content) will be deleted from the Service and/or Website. Since deletion of all data might be final, please be sure that you do in fact want to cancel your account before doing so.

  3. We reserve the right to modify or terminate the service we provide to our entire discretion, without notice at any time, including where we have reason to believe that you are engaged or are engaging in any malicious, fraudulent or other unlawful activity.

  4. Fraud: Without limiting any other remedies, we may suspend, discontinue or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Indemnity

You hereby agree to indemnify us, defend and hold us harmless from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, reasonable attorney’s fees, legal fees and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms or arising out of your use of our Services.

Breaches of These Terms of Use

Without prejudice to our other rights under these Terms or applicable law, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website and Services, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you, including seeking injunctive relief.

Amendment

We may revise or amend these Terms from time to time. The revised version of the Terms will apply to the use of our Website from the date of publication on the Website. In case of amendment, you will be notified.

Assignment

We may assign, delegate, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use and our Services, without notifying you and/or obtaining your consent.

You agree and acknowledge that you may not assign, delegate transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without prior written approval of ChoreOnline .

Severability

If any provision, or part of a provision, of these Terms is found to be invalid under the law, by any court or competent authority, that provision, or portion of the provision, will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.

Exclusion of Third Party Rights

These terms of use are for the benefit of you and us (meaning you the Buyer and us, ChoreOnline), and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire Agreement

These terms of use, and any amended version thereof,  together with our Privacy policy, and any amended version thereof, constitute the entire agreement between you and us in relation to your use of our Website and Services, and supersede all previous agreements in respect of your use of our Website and Services.

Law and Jurisdiction

These terms of use will be governed by and construed in accordance with Canadian law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of Québec, Canada, in the judicial district of Montreal.