PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of viewdancechallenge.com and registration for the event(s) through dancebug.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”).
If you accept these Terms and Conditions, click on the “I Agree to the Terms and Conditions” button below. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. If you do not agree with them, please click on the “Back” button of your browser or click on the “Cancel” button below to exit this website.
Note that all of the Terms and Conditions below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.
Ownership
The viewdancechallenge.com website, its design, all text, graphics, content, video, audio and the selection and arrangement of viewdancechallenge.com are the property of VIEW Dance Challenge Inc. (the “Company”), and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on viewdancechallenge.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Company or the applicable Third Parties.
VIEW Dance Challenge, viewdancechallenge.com, and all other related trademarks and design marks displayed on viewdancechallenge.com (collectively, the “Trademarks”) are registered and common law trademarks of the Company. Other trademarks and design marks appearing on this website are trademarks of their respective owners. Nothing contained on viewdancechallenge.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Company or the other party that may own the applicable trademarks.
By virtue of registering for a Company event, you give permission and consent to the Company and the Third Parties to use images or photographs or videos or any other electronic or print media from the event(s) for advertising, news coverage, or any other commercial use of our events.
Copyright
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on this website is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
User Name and Password
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Company.
All login names and passwords remain the property of the Company, and may be cancelled or suspended at any time by the Company without any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify the Company of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Pricing Policy
All prices quoted are payable in Canadian Dollars and, unless otherwise stated, do not include GST, PST, QST or HST.
Registration fees are non-refundable for any reason including, without limitation, due to the medical conditions of the participants.
Payment of the registration fees for the event(s) can be made by cheque, money order, e-transfer or credit cards.
Cheques shall be made payable to “VIEW Dance Challenge Inc.” and mailed to VIEW Dance Challenge, 2938 Dundas Street West. PO BOX 70608. Toronto, ON. M6P1Y8.
Dishonoured (NSF) cheques or pre-authorized payments are subject to a NSF fee of $35.00.
Your registration will be deemed to be accepted only at the point when the Company sends a confirmation email to the email address you provided. If you would like to change your order, email info@viewdancechallenge.com. Any changes made to entries by registrants after the finalized schedule has been sent to registrants is subject to a $10.00 fee per change.
The Company reserves the right to limit, reject, correct, cancel or refuse registrations, and to terminate or change the dates, format and/or location of event(s), in its discretion, including, without limitation, if the Company believes that there is an insufficient number of registrants for the event(s).
For event cancellations resulting solely from a government-mandated shutdown of the event(s) due to COVID-19, the Company will fully refund any monetary registration fees paid in 2024 by December 31, 2024, and any credits used in the 2024 season will be re-credited to the client accounts as a credit toward the 2025 season.
All payments of the registration fees for the event(s) must be made by March 12th, 2024. Any registration or payment submitted after the final entry deadline is subject to a late fee of 10% of the total registration fee for the event(s).
Loss or Theft of Personal Items at VIEW Dance Challenge Events
By participating in any VIEW Dance Challenge event, attendees acknowledge and agree that VIEW Dance Challenge and its organizers, agents, employees, and representatives (hereinafter collectively referred to as “VIEW Dance Challenge”) shall not be held liable for any loss, theft, or damage to personal items, belongings, or valuables brought to or during the event.
Attendees are solely responsible for safeguarding their personal possessions, and VIEW Dance Challenge disclaims any and all liability for any loss, theft, or damage that may occur. This includes, but is not limited to, items such as electronic devices, wallets, jewelry, clothing, and any other personal effects.
By attending a VIEW Dance Challenge event, participants expressly release VIEW Dance Challenge from any claims, demands, actions, or causes of action arising out of or related to the loss, theft, or damage of personal items, whether such loss or damage occurs within the event venue or its immediate surroundings.
It is strongly recommended that attendees take necessary precautions, such as utilizing secure storage facilities, keeping personal items in sight, and being mindful of their surroundings, to minimize the risk of loss or theft during the event.
This disclaimer is binding upon all attendees, and their participation in the VIEW Dance Challenge event implies their acceptance of these terms and conditions. VIEW Dance Challenge reserves the right to amend or update this disclaimer as necessary, and any such changes will be effective upon posting.
By attending the event, attendees acknowledge that they have read, understood, and agreed to the terms of this disclaimer regarding the loss or theft of personal items.
Photography and Videography Release Clause: Use of Images and Videos for Marketing Purposes
By participating in any VIEW Dance Challenge event, attendees hereby grant VIEW Dance Challenge and its representatives, agents, employees, and media team (hereinafter collectively referred to as “VIEW Dance Challenge”) the irrevocable and unrestricted right to use, reproduce, publish, and distribute any photographs or videos taken during the event, featuring the attendee’s likeness, for marketing and promotional purposes.
Attendees understand and agree that these images or videos may be used in various promotional materials, including but not limited to, brochures, flyers, posters, social media, websites, and other marketing channels. VIEW Dance Challenge may also share these materials with partners, sponsors, and affiliated organizations for promotional purposes.
By attending the event, participants release and discharge VIEW Dance Challenge from any claims, demands, or causes of action arising out of the use of such images or videos, including any claims for defamation, invasion of privacy, or infringement of moral or personal rights.
If attendees have concerns about their image being used for marketing purposes, they must notify VIEW Dance Challenge in writing before or during the event. VIEW Dance Challenge will make reasonable efforts to accommodate such requests, but cannot guarantee the complete cessation of use once the images or videos have been captured and disseminated.
This release is binding upon all attendees, and their participation in the VIEW Dance Challenge event implies their consent to the use of their images or videos for marketing purposes as outlined in this clause. VIEW Dance Challenge reserves the right to amend or update this release as necessary, and any such changes will be effective upon posting.
By attending the event, attendees acknowledge that they have read, understood, and agreed to the terms of this release regarding the use of photographs or videos for marketing purposes.
LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms and Conditions as amended from time to time, the Company and the Third Parties make no representations or warranties of any kind, express or implied, regarding viewdancechallenge.com or the event(s), and/or any content, products or services provided at the event(s).
To the maximum extent permitted by law, you (for yourself, your heirs, dependents, clients, agents, personal representatives, assigns and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release the Company and the Third Parties, and their respective directors, officers, employees, contractors, licensors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable legal fees and costs) that you may have now or in the future associated in any way with the event(s).
By virtue of being allowed to attend the event(s), each participant agrees:
TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to participating in such event, even though such risks may have been caused by the negligence of the hosting facility, VIEW Dance Challenge Inc., their officers, directors, employees, agents or other representatives (collectively, the “Releasees”);
TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which they might sustain while participating in such event, even though such injury, loss or damage may have been caused by the negligence of the Releasees;
TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense they may suffer or that their next of kin may suffer as a result of their participation in the event, due to any cause whatsoever;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from (i) all liability for any damage to the personal property of, or personal injury to, any third party resulting from my participation in the event and all related activities; and (ii) any and all claims, demands, actions, and costs which might arise out of my participating in the event, even though such claims, demands, actions and costs may have been caused by the negligence of the Releasees.
Maximum Liability
If the Company or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of viewdancechallenge.com or its content, or any of the event(s), the liability of the Company and the Third Parties will in no event exceed in the amount paid by you under these Terms and Conditions for the specific event(s) to which the loss or damage relates.
In no event will the Company or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of viewdancechallenge.com or its content, the operation of this website or any failure or delay in the operation of this website (including, but not limited to the inability to use any component of viewdancechallenge.com for purchases), or any of the products, services or the event(s) offered on viewdancechallenge.com, even if advised of the possibility of damages.
Indemnification
You will indemnify and save harmless the Company and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of viewdancechallenge.com and registration for the event(s).
Risk of Loss
We reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever.
Your properly completed and delivered order form constitutes your offer to register for the event(s) referenced in your order. Your order will be deemed to be accepted only if and when we send a confirmation email to your email address. That confirmation notice email constitutes our acceptance of your order and forms a legally binding contract with the Company.
Accuracy of Information
We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information.
Survival
The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to viewdancechallenge.com.
GENERAL
Governing Laws, Jurisdiction
You consent and submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada, in all disputes arising out of or relating to the event(s), the use of viewdancechallenge.com and these Terms and Conditions.
This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province
Force Majeure
The Company and its affiliates will not be liable for any delay or failure to perform any obligation where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, pandemics, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Severability
These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred to in these Terms and Conditions, constitute the entire agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms and Conditions, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions.
Electronic Communications
When you visit viewdancechallenge.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
English Language
The parties have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
e-Contract Confirmation of Contract and Print Request
The agreement between you and the Company for the purchase of the event(s) has been successfully completed. Please print a copy of the terms of the agreement for your reference. A copy of the agreement will be kept at the Company’s head office and to view it, please email info@viewdancechallenge.com.
