Terms of Use
For: DanceComp Genie and Dance Studio Magic
Last Updated: July 8th, 2013
1. ACCEPTANCE OF TERMS.
1.1 Overview.
The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) or other (as defined below) user or visitor of (a) the www.dancecompgenie.com website (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Inchol Solutions, Inc. (“INCHOL”) in connection with events using the DanceComp Genie, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by INCHOL. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by INCHOL. BY USING OR ACCESSING ANY PART OF THE SERVICES OF INCHOL OR THE DANCECOMP GENIE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY INCHOL. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
1.2 Modification.
INCHOL reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF INCHOL.
INCHOL develops various software products for various industries. The DanceComp Genie software line provides a simple and quick means for managing events related dance (including but not limited to competitions, conventions, workshops, intensives, and/or studios). Users who are event organizers and planners ("Organizers") can collect event registration information and fees for their events online from registered users who want to attend such events ("Buyers" or “you”). Organizers using the DanceComp Genie can choose to have the software integrated into their website. Buyers can then visit an Organizers site, complete the registration forms, including pricing, location, ticket inventory, etc., and purchase event registration fees online directly from Organizers. Payments are all transacted through PayPal, and/or Authorize.net or other third party payment service methods. This TOS applies to all users of the DanceComp Genie.
3. YOUR USE OF THE SERVICES.
3.1 The Services.
INCHOL hereby grants registered users a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered into the DanceComp Genie system, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
3.2 Software.
If you are allowed to download or use any software in connection with the Services, INCHOL hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by INCHOL in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by INCHOL. For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to United States and Canadas export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. or Canadian export laws. Downloading or using the Software is at your sole risk.
The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.
4. PAYMENT.
4.1 Refunds to DanceComp Genie.
It is the responsibility of the Organizer to communicate its refund policy to their Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer and INCHOL will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and INCHOL will not be responsible or liable in any way for chargebacks in connection with a Buyer’s use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly. For the Organizers, all DanceComp Genie payments, deposits or full purchases are non-refundable.
1.1 Overview.
The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) or other (as defined below) user or visitor of (a) the www.dancecompgenie.com website (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Inchol Solutions, Inc. (“INCHOL”) in connection with events using the DanceComp Genie, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by INCHOL. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by INCHOL. BY USING OR ACCESSING ANY PART OF THE SERVICES OF INCHOL OR THE DANCECOMP GENIE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY INCHOL. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
1.2 Modification.
INCHOL reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF INCHOL.
INCHOL develops various software products for various industries. The DanceComp Genie software line provides a simple and quick means for managing events related dance (including but not limited to competitions, conventions, workshops, intensives, and/or studios). Users who are event organizers and planners ("Organizers") can collect event registration information and fees for their events online from registered users who want to attend such events ("Buyers" or “you”). Organizers using the DanceComp Genie can choose to have the software integrated into their website. Buyers can then visit an Organizers site, complete the registration forms, including pricing, location, ticket inventory, etc., and purchase event registration fees online directly from Organizers. Payments are all transacted through PayPal, and/or Authorize.net or other third party payment service methods. This TOS applies to all users of the DanceComp Genie.
3. YOUR USE OF THE SERVICES.
3.1 The Services.
INCHOL hereby grants registered users a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered into the DanceComp Genie system, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
3.2 Software.
If you are allowed to download or use any software in connection with the Services, INCHOL hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by INCHOL in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by INCHOL. For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to United States and Canadas export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. or Canadian export laws. Downloading or using the Software is at your sole risk.
The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.
4. PAYMENT.
4.1 Refunds to DanceComp Genie.
It is the responsibility of the Organizer to communicate its refund policy to their Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer and INCHOL will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and INCHOL will not be responsible or liable in any way for chargebacks in connection with a Buyer’s use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly. For the Organizers, all DanceComp Genie payments, deposits or full purchases are non-refundable.
4.2 Refunds to Dance Studio Magic
Dance Studio Magic subscriptions are 30-day subscriptions starting on the day Buyer activates their Dance Studio Magic trial account. The trial account will provide 14-days of free usage. On the 15th day Buyer will be required to submit a valid credit card to maintain a live status for the account. A Buyer can cancel their account at any time. No refund will be issued for past payments or future payments unless Buyer cancels WITHIN THE FIRST 30 DAYS. The first 30 days includes the 14 day trail period plus 16 days of live usage. If Buyer requests a refund between day 15 and 30, including the 15th and 30th day, they will receive a full refund for the subscription amount.
4.2 For American clients buying from the USA, all prices will be in USD (United States of American dollar)
4.3 For Canadian and International clients located outside of the USA, all prices will be in CAD (Canadian dollar).
5. YOUR REGISTRATION OBLIGATIONS.
To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or INCHOL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, INCHOL has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). INCHOL is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify INCHOL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. INCHOL cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
7. CONTENT.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by INCHOL in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. INCHOL may own the Site Content or portions of the Site Content may be made available to INCHOL through arrangements with third parties. Except as expressly authorized by INCHOL in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of INCHOL. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), whether as a Buyer or other non-Organizer, you hereby grant to INCHOL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. This does not include any content found outside of the DanceComp Genie application on your personal or business website. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (foreign and domestic). INCHOL reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
7.3 DMCA.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:
By Mail:
Inchol Solutions, Inc.
#100B – 3020 Lincoln Ave
Coquitlam, BC V3B 2B4, Canada
Attn: DanceComp Genie Support
Telephone: 1.866.663.2555
Fax: 604.552.8555
By Email: info@dancecompgenie.com
8. CONDUCT.
8.1 Certain Restrictions.
Whether you are using the Services as a Buyer or other non-Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Buyers and other non-Organizers. You agree not to use the Services to:
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize,
• impersonate any person or entity, including, but not limited to, an INCHOL representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
• upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by INCHOL;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
• stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
Whether you are using the Services as a Buyer or other non-Organizer, you acknowledge that INCHOL does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that INCHOL and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that INCHOL may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of INCHOL, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States, Canada or the country in which you reside.
In addition, the Services are subject to United States and Canada’s export controls. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
10. INDEMNITY.
You agree to defend, indemnify and hold INCHOL, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. INCHOL shall provide notice to you of any such Claim, provided that the failure or delay by INCHOL in providing such notice shall not limit your obligations hereunder. INCHOL reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting INCHOL’s defense of such matter.
11. SERVICE MODIFICATIONS/SUSPENSIONS.
INCHOL reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that INCHOL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
12. TERMINATION.
INCHOL, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due INCHOL, or if INCHOL believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that INCHOL may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that INCHOL shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
13. LINKS.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because INCHOL has no control over such websites and resources, you acknowledge and agree that INCHOL is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that INCHOL shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
14. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INCHOL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. INCHOL MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. INCHOL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND INCHOL WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT INCHOL HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to INCHOL. INCHOL, in its sole discretion, may investigate the claim and take necessary action.
15. LIMITATION OF LIABILITY.
INCHOL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INCHOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND INCHOL’S REASONABLE CONTROL. INCHOL SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, INCHOL IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND INCHOL HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. RELEASE.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE INCHOL, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"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."
17. PRIVACY.
All information provided by you or collected by INCHOL in connection with the Services is governed by INCHOL’s Privacy Policy, which is hereby incorporated by reference into this TOS. INCHOL strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. INCHOL shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. INCHOL does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.
18. NOTICE.
Notices to you may be made via either email or regular mail to the address in INCHOL’s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at INCHOL SOLUTIONS, Inc. #100B – 3020 Lincoln Ave, Coquitlam, BC V3B 2B4, Attn: DanceComp Genie Support
19. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of INCHOL (the "INCHOL Trademarks") and The DanceComp Genie (the “DANCECOMPGENIE trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of INCHOL. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with INCHOL Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of INCHOL specific for each such use. The Trademarks may not be used to disparage INCHOL, any third party or INCHOL’s or third party’s products or services, or in any manner (in INCHOL’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless INCHOL approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any INCHOL Trademark shall inure to INCHOL’s benefit.
20. GENERAL.
20.1 Entire Agreement.
This TOS constitutes the entire agreement between you and INCHOL and governs your use of the Services as an Organizer or other User, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and INCHOL on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this TOS.
20.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the province of British Columbia, Canada, as such laws are applied to agreements entered into and to be performed entirely within British Columbia by British Columbian residents.
20.3 Arbitration.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Coquitlam, British Columbia and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and INCHOL agree to submit to the personal jurisdiction of the courts located within the city and county of Coquitlam, British Columbia. Either you or INCHOL may seek any interim or preliminary relief from a court of competent jurisdiction in Coquitlam, British Columbia, necessary to protect the rights or property of you or INCHOL (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
20.4 Waiver; Invalid Provisions.
The failure or delay of INCHOL to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
20.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
20.6 Titles.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
20.7 Violations.
Please report any violations of this TOS by email to info@dancecompgenie.com.
5. YOUR REGISTRATION OBLIGATIONS.
To be a registered user of the Services, whether as a Buyer or other non-Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or INCHOL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, INCHOL has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). INCHOL is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify INCHOL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. INCHOL cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
7. CONTENT.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by INCHOL in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. INCHOL may own the Site Content or portions of the Site Content may be made available to INCHOL through arrangements with third parties. Except as expressly authorized by INCHOL in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of INCHOL. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), whether as a Buyer or other non-Organizer, you hereby grant to INCHOL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. This does not include any content found outside of the DanceComp Genie application on your personal or business website. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (foreign and domestic). INCHOL reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
7.3 DMCA.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:
By Mail:
Inchol Solutions, Inc.
#100B – 3020 Lincoln Ave
Coquitlam, BC V3B 2B4, Canada
Attn: DanceComp Genie Support
Telephone: 1.866.663.2555
Fax: 604.552.8555
By Email: info@dancecompgenie.com
8. CONDUCT.
8.1 Certain Restrictions.
Whether you are using the Services as a Buyer or other non-Organizer, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Organizers, Buyers and other non-Organizers. You agree not to use the Services to:
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize,
• impersonate any person or entity, including, but not limited to, an INCHOL representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
• upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by INCHOL;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
• stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
Whether you are using the Services as a Buyer or other non-Organizer, you acknowledge that INCHOL does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that INCHOL and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that INCHOL may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of INCHOL, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States, Canada or the country in which you reside.
In addition, the Services are subject to United States and Canada’s export controls. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
10. INDEMNITY.
You agree to defend, indemnify and hold INCHOL, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. INCHOL shall provide notice to you of any such Claim, provided that the failure or delay by INCHOL in providing such notice shall not limit your obligations hereunder. INCHOL reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting INCHOL’s defense of such matter.
11. SERVICE MODIFICATIONS/SUSPENSIONS.
INCHOL reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that INCHOL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
12. TERMINATION.
INCHOL, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due INCHOL, or if INCHOL believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that INCHOL may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that INCHOL shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
13. LINKS.
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because INCHOL has no control over such websites and resources, you acknowledge and agree that INCHOL is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that INCHOL shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
14. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INCHOL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. INCHOL MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. INCHOL IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND INCHOL WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT INCHOL HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to INCHOL. INCHOL, in its sole discretion, may investigate the claim and take necessary action.
15. LIMITATION OF LIABILITY.
INCHOL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INCHOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND INCHOL’S REASONABLE CONTROL. INCHOL SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, INCHOL IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND INCHOL HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. RELEASE.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE INCHOL, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"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."
17. PRIVACY.
All information provided by you or collected by INCHOL in connection with the Services is governed by INCHOL’s Privacy Policy, which is hereby incorporated by reference into this TOS. INCHOL strongly recommends that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. INCHOL shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. INCHOL does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.
18. NOTICE.
Notices to you may be made via either email or regular mail to the address in INCHOL’s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at INCHOL SOLUTIONS, Inc. #100B – 3020 Lincoln Ave, Coquitlam, BC V3B 2B4, Attn: DanceComp Genie Support
19. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of INCHOL (the "INCHOL Trademarks") and The DanceComp Genie (the “DANCECOMPGENIE trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of INCHOL. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with INCHOL Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of INCHOL specific for each such use. The Trademarks may not be used to disparage INCHOL, any third party or INCHOL’s or third party’s products or services, or in any manner (in INCHOL’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless INCHOL approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any INCHOL Trademark shall inure to INCHOL’s benefit.
20. GENERAL.
20.1 Entire Agreement.
This TOS constitutes the entire agreement between you and INCHOL and governs your use of the Services as an Organizer or other User, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and INCHOL on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this TOS.
20.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the province of British Columbia, Canada, as such laws are applied to agreements entered into and to be performed entirely within British Columbia by British Columbian residents.
20.3 Arbitration.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Coquitlam, British Columbia and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and INCHOL agree to submit to the personal jurisdiction of the courts located within the city and county of Coquitlam, British Columbia. Either you or INCHOL may seek any interim or preliminary relief from a court of competent jurisdiction in Coquitlam, British Columbia, necessary to protect the rights or property of you or INCHOL (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
20.4 Waiver; Invalid Provisions.
The failure or delay of INCHOL to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
20.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
20.6 Titles.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
20.7 Violations.
Please report any violations of this TOS by email to info@dancecompgenie.com.
Privacy Policy
Last updated: February, 2012
We collect personal information from our customers in the regular course of doing business. This brochure answers some of your most frequently asked questions, and lets you know exactly how we're protecting the information you entrust to us.
What personal information do you collect about me?
We collect the following information about you:
• Name
• Address
• Postal Code
• Phone Number
• Email Address
• Date of Birth/Age
• Gender
• Purchase history
• Product/service preferences
• Customer satisfaction info
• Opinions about products and services
When you visit our web site, we also collect:
• information about your computer, including your IP address, the type of operating system and browser you use, and your computer's location
• what pages you visit on our site and what links you click on
• what other sites you've visited recently
How do you use this information?
The main reasons we collect personal information from you are:
• Application forms
• Because it may be useful in the future
• Customer relationship management
• Customer service
• Delivery services
• Marketing
• Orders
• To complete a sale/transaction
If it's a necessary part of any of these transactions, we may disclose your information to another company. For example, when you make a credit card payment, we pass on your credit card details for processing. We may also pass on your name and address to a courier company to complete a delivery.
Use of Personal Information for Secondary Reasons
We also may use your personal information for other, secondary reasons, including:
To complete a sale/transaction
• Name
• Address
• Postal Code
• Phone Number
• Email Address
• Date of Birth/Age
• Gender
Marketing
• Purchase history
• Product/service preferences
Customer service
• Name
• Address
• Postal Code
• Phone Number
• Email Address
• Purchase history
• Product/service preferences
• Customer satisfaction info
• Opinions about products and services
Customer relationship management
• Purchase history
• Product/service preferences
Delivery services
• Name
• Address
• Postal Code
• Phone Number
• Email Address
• Purchase history
• Product/service preferences
Orders
• Name
• Address
• Postal Code
• Phone Number
• Email Address
• Purchase history
• Product/service preferences
Application forms
• Name
• Address
• Postal Code
• Phone Number
• Email Address
• Date of Birth/Age
• Gender
Because it may be useful in the future
• Customer satisfaction info
• Opinions about products and services
Sharing of Personal Information with Third Parties:
We DO NOT share your personal information with any third parties.
Our Policy:
Welcome to the www.DANCECOMPGENIE.com website and studio.dancecompgenie.com website, including all webpages, subdomains and subparts therein contained, the "Site") of INCHOL SOLUTIONS, Inc. (“INCHOL”, "Company", "we", "us" and/or "our"). The Site has been created (i) to provide information about Company, (ii) to provide customized online event management, registration and ticketing services (the "Company Services"), and (iii) to provide information about events listed on the Site.
This Privacy Policy sets forth Company's policy with respect to information, including personally identifiable information ("Personal Data"), that is collected from Site users and visitors (including through those users' and visitors' agents) ("you" or "your"), including (i) registered users who are event organizers and planners ("Organizers"), (ii) registered users who want to purchase tickets to, register for or donate to events (whether free or paid) listed by Organizers on the Site ("Buyers"), and (iii) other non-Organizer users or visitors to the Site ("other non-Organizers").
Company takes the privacy of your Personal Data and other information seriously. Because of that, Company has created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.
If you have any questions or concerns, please do not hesitate to contact us by using the following link: http://www.dancecompgenie.com/contact-us.aspx.
Consent:
By using the Site or allowing someone to use the Site on your behalf, you are consenting to our collection, use, disclosure, transfer and storage in accordance with this Privacy Policy of any Personal Data or other information received by Company as a result of such use.
Information We Collect:
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:
1. Personal Data:
Organizers: We collect Personal Data from you when you voluntarily provide such information on the Site, such as when you register for access to the Company Services as an Organizer, contact us with inquiries, respond to one of our surveys or use certain Company Services. The Personal Data we collect includes without limitation your name, email address and other personally identifiable information. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information) as necessary to facilitate payments.
Buyers and other non-Organizers: We collect Personal Data from you when you voluntarily provide such information on the Site (including event registration pages within the Site), such as when you register for access to the Company Services (whether as an Organizer or otherwise), register for an event as a Buyer, contact us with inquiries, respond to one of our surveys or use certain Company Services. The Personal Data we collect includes without limitation your name, email address and other personally identifiable information. If you register for a paid event, we will collect financial information from you (e.g., your credit card number and expiration date, billing address, etc) some of which may constitute Personal Data. In addition, Organizers can set up event registration pages to collect virtually any information from Buyers in connection with registration for an Organizer's event listed on the Site. If a Buyer voluntarily provides that information in connection with registration for an event, it will be available to Company and the Organizer and will be held by Company and the Organizer in accordance with this Privacy Policy
Privacy Policy Links: We make an effort to provide a link to this Privacy Policy in the footer of every page on the Site, including those pages on which Personal Data is collected.
2. Non-Personal Data:
Non-Identifiable Data: When you interact with the Site, we collect certain personally non-identifiable information ("Non-Personal Data"). The Non-Personal Data we collect includes without limitation Internet Protocol (IP) addresses, domain names of your Internet Service Provider, your approximate geographic location, a record of the Site pages that you visit, the time of your visits and aggregated Personal Data that cannot be used to specifically identify you. Such information, which is collected passively using various technologies, cannot, in and of itself, be used to specifically identify you.
Cookies: In operating the Site, we use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. These cookies may be used to tailor content you see on the Site as well as other sites that you may visit in the future. Through your web browser's option settings you may be able (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your web browser's help section for information on how to do this. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site's features.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Site and Company Services, Company often conducts research on its customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and therefore is considered and treated as Non-Personal Data under this Privacy Policy.
Our Use of Information That We Collect:
1. Personal Data:
Company uses the Personal Data we collect in a manner that is consistent with this Privacy Policy. Company may use the Personal Data as follows:
• Specific Reason: If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
• Access and Use: If you provide Personal Data in order to obtain access to or use of the Site or Company Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of such services or functionality and to monitor your use of such services or functionality. For instance, if you supply payment information (e.g., bank account or credit card information) to the Site for the purpose of purchasing tickets as a Buyer or processing payments as an Organizer, Company will use that information to facilitate such purchase or process such payments.
• Internal Business Purposes: Company may use your Personal Data for internal business purposes including without limitation to help us improve the content and functionality of the Site, to better understand our users, to improve the Company Services, to protect against, identify or address fraudulent activities, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Site, Company Services and our business.
• Marketing: Company may use your Personal Data to contact you in the future for Company's marketing and advertising purposes, including without limitation to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on the Site that we believe might be of relevance to you. In particular, Organizers should note that Company may use information it receives or collects regarding Buyers (including without limitation via an Organizer's event registration page) in accordance with the terms of this Privacy Policy, including in the manner set forth above.
• Organizer Emails: We allow Organizers to use our email system to contact Buyers for their current and past events, so you may receive emails from our system that originate with such Organizers.
If Company intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
2. Non-Personal Data:
Because Non-Personal Data cannot be used to personally identify you, Company may use such information for any lawful purpose.
Our Disclosure of Information That We Collect:
1. Personal Data:
Company is not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, Company will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. Subsidiaries and Affiliates: We may also share your Personal Data with our subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.
Agents, Consultants and Related Third Parties: Company, like many businesses, sometimes engages other companies to perform certain business-related functions. Examples of such functions include mailing information, ticket fulfillment, maintaining databases and processing payments. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.
Organizers: When you purchase tickets to, register for or donate to an event on our Site, you consent to our providing your Personal Data to the Organizers of such event. These Organizers are not bound to treat your Personal Data in accordance with this Privacy Policy. You agree that Company is not responsible for the actions of these Organizers with respect to your Personal Data. It is important that you review the applicable policies of the Organizers of an event before providing Personal Data or other information in connection with that event.
Legal Requirements: Company may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect and defend the rights or property of Company, (iii) to act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) to protect against legal liability.
2. Non-Personal Data:
Because Non-Personal Data cannot be used to personally identify you, Company may disclose, transfer or share Non-Personal Data for any lawful purpose.
Your Choices:
You have several choices available when it comes to your Personal Data:
Limit the Personal Data You Provide: You can use the Site without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain Site functionality and/or Company Services. For instance, in order to open a DanceComp Genie account, or register for competitions, your name and email address will be required.
Newsletter Sign-up: Upon a user’s registration, the user agrees to accept the Company newsletter automatically. The Company newsletter will be delivered into your email inbox. It often contains information on new promotions or new features. User is able to unsubscribe the email newsletter in the email.
Opt Out: You can "opt out" of receiving Company newsletter emails by clicking on the "Unsubscribe" link found at the bottom of our newsletter emails. It may take up to 24 hours for us to process an unsubscribe request. Note that you cannot unsubscribe from Company Service communications via the Site. You can stop receiving Company Service communications only by contacting us at http://www.dancecompgenie.com/contact-us.aspx, and closing your account. By electing to stop receiving all communications from Company or through Company's system you will no longer receive any updates on your account or on events you are registered to attend or have previously attended, including communications regarding refunds. We do not recommend that you do this unless you plan to no longer use the Site or Company Services, are not currently registered for an event, are not currently organizing an event and will have no need to receive further communications from Company or through Company's system. Even after you opt out of all communications, Company will retain your Personal Data and Non-Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Organizers who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use Company's system to do so.
Exclusions:
This Privacy Policy does not apply to any Personal Data collected by Company other than Personal Data collected through the Site. This Privacy Policy shall not apply to any unsolicited information you provide to Company or another user or visitor through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Company shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.
Children:
Company does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Company through the Site, please contact us, and we will endeavor to delete that information from our databases.
Links to Other Web Sites:
This Privacy Policy applies only to the Site. The Site may contain links to other websites not operated or controlled by Company (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Site do not imply that Company endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Storage and Security:
Company may store Personal Data itself or such information may be included in databases owned and maintained by Company affiliates, agents or service providers. Company takes what it believes to be reasonable steps to protect the Personal Data provided via the Site from loss, misuse, unauthorized access, inadvertent disclosure, alteration, and destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from the Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data via the Internet.
International Privacy Laws:
If you are visiting our website from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold your Personal Data and Non-Personal Data in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country.
Other Terms and Conditions:
Your access to and use of the Site is subject to the Terms of Service.
Changes to Company's Privacy Policy:
The Site and our business may change from time to time. As a result, at times it may be necessary for Company to make changes to this Privacy Policy. Company reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.