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Terms and Conditions:*Dance Canada Online Inc. Web Site Terms, Conditions, and Notices AGREEMENT BETWEEN CUSTOMER AND DANCE CANADA ONLINE CORPORATION. This Dance.ca Web site (the "Web Site") is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web Site constitutes your agreement to all such terms, conditions, and notices. PERSONAL AND NONCOMMERCIAL USE LIMITATION This Web Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Web Site. COPYRIGHT AND TRADEMARK NOTICES All contents of this Web Site are: ©2001 Dance Canada Online Corp., 58A 5th Avenue South, Roxboro, Quebec, H8Y-2Y8, Canada. All rights reserved. Dance.ca, DCOC, and the Logo are either registered trademarks or trademarks of Dance Canada Online Corporation. Other product and company names mentioned herein may be the trademarks of their respective owners. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DANCE CANADA ONLINE CORP., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME. DANCE CANADA ONLINE CORPORATION, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL. DANCE CANADA ONLINE CORPORATION, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OR CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DANCE CANADA ONLINE CORPORATION, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DANCE CANADA ONLINE CORPORATION, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this Web Site, you warrant that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. LINKS TO THIRD-PARTY SITES This Web Site may contain hyperlinks to web sites operated by parties other than DANCE CANADA ONLINE CORPORATION. Such hyperlinks are provided for your reference only. DANCE CANADA ONLINE CORPORATION does not control such web sites and is not responsible for their contents. DANCE CANADA ONLINE CORPORATION’S inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS If this Web Site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following: • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information. • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents. • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded. • Falsify the origin or source of software or other material contained in a file that is uploaded. • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters. • Download any file—posted by another user of a Forum—that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by DANCE CANADA ONLINE CORPORATION or its affiliates, and such communications shall not be considered reviewed, screened, or approved by DANCE CANADA ONLINE CORPORATION or its affiliates. DANCE CANADA ONLINE CORPORATION reserves the right for any reason to remove, without notice, any contents of the Forums received from users, including, without limitation, bulletin board postings. DANCE CANADA ONLINE CORPORATION reserves the right to deny in its sole discretion any user access to this Web Site or any portion thereof without notice. SOFTWARE AVAILABLE ON THIS WEB SITE Any software that is made available to download from this Web Site ("Software") is the copyrighted work of DANCE CANADA ONLINE CORPORATION, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, DANCE CANADA ONLINE CORPORATION hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web Site in accordance with these terms and conditions and for no other purpose. By installing, copying, or otherwise using the Software, you agree to be bound by the terms and conditions of this license. Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web Site, is owned by DANCE CANADA ONLINE CORPORATION, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. You may only make copies of the Software for backup or archival purposes. Any other reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Canada’s export restrictions. MODIFICATION OF THESE TERMS AND CONDITIONS DANCE CANADA ONLINE CORPORATION reserves the right to change the terms, conditions, and notices under which this Web Site is offered. This right shall not affect the existing terms and conditions accepted by you upon making a legitimate reservation or purchase using this Web Site. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Quebec, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Montreal, Quebec, Canada, in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DANCE CANADA ONLINE CORPORATION as a result of this agreement or use of this Web Site. DANCE CANADA ONLINE CORPORATION’S performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DANCE CANADA ONLINE CORPORATION'S right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by DANCE CANADA ONLINE CORPORATION with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and DANCE CANADA ONLINE CORPORATION with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and DANCE CANADA ONLINE CORPORATION with respect to this Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. CURRENCY CONVERTER Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but DANCE CANADA ONLINE CORPORATION, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, DANCE CANADA ONLINE CORPORATION advises the customer to consult a qualified professional to verify the accuracy of the currency rates. DANCE CANADA ONLINE CORPORATION, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. ©2001 DANCE CANADA ONLINE CORPORATION. All rights reserved.
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