Terms of use - Choreographers

TERMS AND CONDITIONS

Definitions

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

Customer : “you” and/or “user” or or “Seller” whether a person or entity, as a seller of goods/services by our intermediary  and/or 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 action from 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.

  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

  1. 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.

  2. 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.

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.

  8. We reserve the right, to refuse to offer 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 and/or using our Services, you agree to pay us the price of  ten percent (10%) of the sale price of the choreography or part of choreography that you wish to use our intermediary Services for, plus applicable Stripe and/or PayPal fees, every time there is a transaction where a Buyer purchases your choreography or part of. It is understood that the ‘‘ sale price’’ is defined by you, the Seller and that ChoreOnline does not and will not set or modify a choreography price.

The payment of the Services will be processed via Stripe and/or PayPal, and all payment information shall transit through Stripe and/or PayPal. Once the Buyer purchases the Service, ChoreOnline shall remit the sale price minus deductions of : the 10% of the sale price for intermediary fee and transaction fees, to the Seller. ChoreOnline will assume no liability relating directly or indirectly to payment processing.  ChoreOnline will not issue any refund for its intermediary fees and transaction fees, and any refund for the Seller’s fees will have to be settled between the Seller and the Buyer. ChoreOnline will not proceed to the refund of any Seller’s fee without its authorization.

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 recourses (we obviously would only do that if we have reason to believe that you visit with malicious intent).

User Content

  1. In these terms of use, “user content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you the Seller submit, post or upload to our Website, for whatever purpose.

  2. You are responsible for all activity and content (data, graphics, photos, and links) that is uploaded under your account.

  3. We may, but have no obligation to, edit or remove content and Accounts containing content that we determine in our sole discretion to be 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.

  4. You retain ownership over all user content that you submit to our Website, however by making your content publicly available, you agree that other users may view, copy or use your content.   

  5. You warrant and represent that your content or user content will comply with these Terms and you understand and agree that ChoreOnline will assume no liability in case of any user content that is in breach of present Terms or laws and regulations .

  6. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

  7. You must not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

  8. We reserve the right to edit or remove any material submitted or uploaded to our Website, or stored on our servers, or hosted or published upon our Website, to our sole and entire discretion.

  9. Notwithstanding our rights under these Terms in relation to user content, we do not undertake or promise to monitor the submission or publication of such content on our Website.

  10. 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.

  11. You guarantee that you legally own choreography and video content.

  12. You guarantee that you have obtained the necessary usage rights to any music used or excerpt thereof.

  13. If any music used is a medley or any other edit that is different than the original recorded music track, a copy of said edit must be made available by you to any person or persons purchasing the corresponding choreography.

  14. You grant ChoreOnline the right to copy and distribute said content or user content on the Website. The license granted under these Terms shall permit ChoreOnline to modify, optimize or adapt user content as is necessary for the intended purposes, without any further authorization from, or compensation to you or any person, which you agree to under these Terms.

  15. You may not upload user content that:

Content Release

For valuable consideration, Seller (as defined in the Terms of Service) hereby covenants and agrees with ChoreOnline as follows:

  1. Materials: includes  all video, photographs, multimedia works, instrumental music, text, and other forms of content, information, or copyrighted materials that seller may supply,  upload, submit or provide in any way to ChoreOnline for the purposes of using our Services (together referred to as “Materials”). Seller releases ChoreOnline from any and all liability relating to the Materials and releases its rights and interests to all Materials, subject to the present Terms.

  2. Name and Likeness: You confirm that any person or persons appearing in any Materials that you upload to our site has given permission to you, and to any parent affiliated corporations and their respective successors assigns, licensees, employees and agents, the irrevocable, unconditional, worldwide, royalty-free license, in all now known and hereafter existing media, to use his or her name, likeness, image, voice, recording of his or her instrumental playing, and biographical information in connection with the Materials and in connection with the production, exhibition, exploitation, merchandising, advertising and promotion of you, your choreography, and any entity that helps you to attain that end as permitted by these Terms.  For the purpose of these Terms only, you agree that “Affiliated corporations” includes ChoreOnline. ChoreOnline hereby acknowledges and confirms that you will have right of approval with regard to any use of the rights granted herein in relation to the Materials. You also acknowledge that ChoreOnline is not obligated to use the rights granted in this release.

  3. Restrictions:  You agree that you will not share, post or upload any content that is copyrighted by any third parties, protected by trade secret or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have express written approval from the rightful owner of such rights to submit or make available such material and to grant ChoreOnline  all of the license rights granted herein.

  4. Warranty: You warrant that you own or have acquired the required licenses, rights, and permissions to use and authorize ChoreOnline to use all copyright, trademark, or other intellectual property rights in and to any and all Materials required for all the choreography, materials and images that you supply in this Agreement.

  5. Indemnity:  You agree to compensate,  indemnify, defend and hold harmless  ChoreOnline and its officers, directors, employees, and agents from any and all liabilities, claims and/or damages arising out of directly or indirectly, rights and licenses granted by this content release and these Terms,  actual or purported claims arising from licensed use of the Materials or user content, including, without limitation, any claim of infringement, defamation, or any breach of your representations and warranties.

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 via Stripe and/or PayPal and request that ChoreOnline process a refund to the Buyer.. 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 Site, 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 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.

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 or Services without notifying you 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 Seller 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.