TERMS OF SERVICE
Last Updated: January 16, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE TO WITH TERMS, DO NOT ACCESS OR OTHERWISE USE THE FEISFWD SERVICES.
2316284 AB Ltd. ("FeisFWD", the "Company", "we" or "us") is pleased to provide the FeisFWD Services to you. These Terms of Service (the "Agreement") create a binding legal agreement between you as a user of www.feiswfwd.com, and any other websites, applications or services provided, owned or operated by FeisFWD (collectively, the "FeisFWD Services").
This Agreement applies whether you are a user that registers an account with the FeisFWD Services (an "Account") or an unregistered user. When registering an Account, you will have the option to register, inter alia, under one or several of the following categories: (a) dancer over 18; (b) parent of dancer under 18; (c) teacher; (d) event organizer; and/or (e) event adjudicator (each a "User" or "you"). You agree that by clicking "Sign Up" or otherwise registering, downloading, accessing or using the FeisFWD Services, you are entering into a legally binding agreement between you and FeisFWD for your use of the FeisFWD Services. You acknowledge that you have read, understood, and agree to be bound by these Terms.
Use of FeisFWD Services by Minors
While the FeisFWD Services facilitate participation by minors in feiseanna and other events, a FeisFWD Account is not available to persons under the age of 18. If you are between the ages of 13 and 18 in your jurisdiction of residence, you may only use the FeisFWD Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are using the FeisFWD Services as parent or legal guardian, you represent, warrant, and agree that you: (a) have the right and authority create a profile for your dancer(s) under your Account; (b) have the right and authority to agree to this Agreement; (c) are fully able and competent to satisfy the terms, conditions and obligations herein; and (d) will keep up to date information about dancer(s).
Use of FeisFWD Services by Subscribing Organization
When using the FeisFWD Services on behalf of a dance school, dance region, company, entity or organization (the "Organizer"), you represent and warrant that you: (a) are the authorized representative of the Organizer with the authority to bind that organization to this Agreement; (b) are agreeing to this Agreement on behalf of the Organizer; (c) have the authority to appoint additional administrative powers to moderators and administrators of your Account; (d) are fully able and competent to satisfy the terms, conditions and obligations herein.
Use of FeisFWD Services by an Adjudicator or Examiner
When using the FeisFWD Services as an adjudicator, you represent and warrant that: (a) you are bound by this Agreement when using the FeisFWD Services; (b) your engagement by an Organizer is governed by the Organizer's relevant agreements and letters of engagement; and (c) you are accessing the FeisFWD Services at the request of such Organizer for the purposes set out in the Organizer's relevant agreements and letters of engagement.
Personal Information and Privacy
Account and Password
When open an Account, you will be asked to provide us with certain information, such as an account name and password. You agree to maintain accurate, complete, and up-to-date personal information in your Account. If you fail to do so, you may lose your ability to access and use the FeisFWD Services and/or we may terminate this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless expressly permitted by FeisFWD, you may not sell, rent, lease, or share or provide access to you Account to anyone else.
Use of Devices and FeisFWD Services
Access to the FeisFWD Services may require the use of your personal computer or mobile device. You are responsible for any Internet connection or mobile fees and changed that you incur when accessing the FeisFWD Services.
Modification of Terms
We are always looking for ways to improve the FeisFWD Services and may add, change, or remove features or offerings at any time. When we do so, we will update this Agreement. Your continued use of the FeisFWD Services after the effective date of the revised Agreement constitutes your acceptance of the amendments.
FeisFWD Intellectual Property Trademarks
The FeisFWD Services are owned and operated by FeisFWD. The FeisFWD logo and word mark, and any other product or service name, logo or slogan used by FeisFWD are the trademarks of FeisFWD (the "FeisFWD Marks") and may not be used in whole or in part without our permission.
Limited Trademark License
If you are an Organizer using the FeisFWD Services, FeisFWD grants to you during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the FeisFWD and any other FeisFWD items provided directly to you in connection with the license (the "License"). The License is non-transferable and non-assignable. The FeisFWD Marks may not be used in any manner that is likely to cause confusion, including but not limited to: use of a FeisFWD Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner.
You acknowledge that FeisFWD is the owner and licensor of the FeisFWD Marks, including all goodwill associated therewith, and that any goodwill arising from your use of the FeisFWD Marks is for the benefit of FeisFWD. You agree to use the FeisFWD Marks strictly in accordance with FeisFWD Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that FeisFWD determines to be nonconforming or otherwise unacceptable.
Limited License of Other Intellectual Property
Unless otherwise indicated, all other content, including, without limitation, FeisFWD's visual interfaces, graphic, design, compilation, information, software, computer code (including source code and object code), services, text, pictures, data, sound files, other files and the selection and arrangement thereof (the "Intellectual Property") are protected by relevant intellectual property laws. Unless otherwise expressly stated in writing by FeisFWD, by agreeing to this Agreement, you are granted a limited, non-sublicensable license to access and use the FeisFWD Services only for the personal and business purposes contemplated herein and for no other purpose.
FeisFWD allows you to upload photos or videos of yourself or your dancer, and to otherwise participate in other activities in which you may create, post, transit, perform, or store content, or other data materials while using the FeisFWD Services ("User Content").
License to FeisFWD
Unless otherwise agreed to in writing between you and FeisFWD, if you submit, transmit, display, perform, post, or store User Content using the FeisFWD Services, you grant FeisFWD an unrestricted, worldwide, irrevocable, fully sub-licensable, non-exclusive and royalty-free right to: (a) use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, and display such User Content in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identify, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity and likeness or other biographical information of third parties, you represent and warrant that you have obtained the appropriate consents or have the proper authority to allow FeisFWD to use such content to the extent indicated in this Agreement. With respect to pre-recorded audio-visual works, the rights granted by you terminate once you close your Account, except: (a) to the extent you permitted us to use and share it for promotional purposes; and (b) for the reasonable time it takes to remove such User Content from backup and other systems following the completion of an event.
User Content Representations and Warranties
You are solely responsible for your User Content. You represent and warrant that: (a) you have you are the creator or control all right in and to the User Content and/or have sufficient rights and authority to grant the rights herein; and (b) the User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code. FeisFWD reserves all rights and remedies against any user who breach these representations and warranties.
Feiseanna, Grade Exams and Events
Users, as Organizers, may promote, administer of conduct feiseanna, grade exams and other events, on, through, or by utilizing the FeisFWD Services as an Organizer (each a "Feis", "Grade Exams", or "Event"). If you choose to promote, administer or conduct a Feis, Grade Exams, or an Event you must adhere to the following rules: (a) you may carry out a Feis, Grade Exams, or Event to the extent permitted by applicable law and you are solely responsible for ensuring that any Feis, Grade Exam, or Event that you host complies with any and all applicable laws, obligations and restrictions; (b) you will be solely responsible for all aspects of and expenses related to your Feis, Grade Exam, or Event including, without limitation: (i) the execution, administration, and operation of the Feis, Grade Exam or Event; (ii) drafting and posting any official rules in your Feis syllabus, or as otherwise applicable; (iii) selecting winners and issuing prizes in accordance with adjudicator results, as and when applicable; and (iv) obtaining all necessary third party permissions and approvals. Any waivers, disclaimers and limitations of liability relevant to your Feis, Grade Exams, and/or Event are the Organizer's responsibility and as Organizer, you indemnify FeisFWD against all claims, loss, and causes of action, whatsoever which may arise in the hosting of your Feis, Grade Exams, and or Event
Content Uploaded at Own Risk
FeisFWD uses reasonable security measures to attempt to protect User Content against unauthorized use; however, we cannot guarantee that any unauthorized use will not take place. To the furthest extent permitted by applicable laws, you agree that FeisFWD shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against FeisFWD for any such unauthorized use.
If you submit ideas to FeisFWD, you acknowledge and agree that we shall be entitled to use and disclose such ideas for any purpose in any way without providing compensation or credit to you.
PURCHASES AND CANCELLATIONS
Fees charged for Feis entries, Grade Exams, or Events are non-refundable once processed. Unpaid entries will be dropped after the Feis, Grade Exam, or Event entry deadline has passed. FeisFWD may work with Organizers to update erroneous entries but has no obligation to do so.
When using the FeisFWD Services, you agree not to violate any law, contract, or other third-party right and agree that you are solely responsible for your conduct when using the FeisFWD Services. When using the FeisFWD Services, you agree that you will not:
upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
use the FeisFWD Services for any purpose in violation of local, provincial, national or international laws;
attempt to disable, "hack" or otherwise interfere with the proper functioning of the FeisFWD Services;
access or attempt to access any other User's Account;
impersonate any person or entity;
stalk, threaten, or otherwise harass any person or User;
post information or interact with the FeisFWD Services in a manner which is fraudulent, libelous, abusive, obscene, profane, inappropriately sexually oriented, harassing, or illegal;
use the FeisFWD Services in any way that infringes any third party's rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the FeisFWD Services;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the FeisFWD Services;
use any other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the FeisFWD Services or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification, or any other User's Account information to any other party;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or
cause any third party to engage in the restricted activities above.
FeisFWD respects the intellectual property rights of others. In doing so, we follow the requirements set out in the Digital Millennium Copyright Act ("DMCA") among other applicable laws. If you are a copyright owner or its authorized agent and you believe that any content used in the FeisFWD Services infringes upon your copyright, please contact FeisFWD at the contact information below for more information on how to submit your notification of claimed infringement.
In addition to User Content, FeisFWD may provide other third-party content on the FeisFWD Services (collectively, the "Third-Party Content"). FeisFWD does not control or endorse any Third-Party Content, including, without limitation, regarding its accuracy or completeness.
DISCLAIMERS; NO WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE FEISFWD SERVICES IS AT YOUR SOLE RISK, AND THE FEISFWD SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WHICH MAY CONTAIN ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEISFWD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FEISFWD OR THROUGH THE FEISFWD SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FEISFWD DOES NOT WARRANT THAT RESULTS FROM THE SERVICE, OR USER CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE FEISFWD SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE FEISFWD SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE FEISFWD SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FEISFWD SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE FEISFWD SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL FEISFWD BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE FEISFWD SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM FEISFWD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FEISFWD'S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FEISFWD, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE FEISFWD SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FEISFWD SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, FEISFWD SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD FEISFWD HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE FEISFWD SERVICES (II) YOUR BREACH OR VIOLATION OF ANY PART OF THIS AGREEMENT; OR (III) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
FAIRNESS OF TERMS
YOU ACKNOWLEDGE AND AGREE THAT FEISFWD HAS OFFERED THE FEISFWD SERVICES AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FEISFWD, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FEISFWD. FEISFWD WOULD NOT BE ABLE TO PROVIDE THE FEISFWD SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
TERM AND TERMINATION
This Agreement commences on the date you first use the FeisFWD Services unless earlier terminated in accordance with this Agreement
Termination by FeisFWD. FeisFWD may terminate this Agreement or your ability to access or use any or all FeisFWD Services at any time for any reason, including if you have breached any provision of the Agreement, or if FeisFWD is required to do so by law.
Termination by You. If you want to terminate this Agreement, you must do so by: (a) notifying FeisFWD at any time and terminate your Account for all of the FEisFWD Services that you use.
Termination of the Agreement, your Account, or of your access to or use of any FeisFWD Services may include removal of access to the applicable FeisFWD Services and barring of further use of such of the same. Termination of this Agreement or your Account also includes disassociation or deletion of your username, your password and all related information, files and User Content associated with or inside your Account (or any part thereof). FeisFWD will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of the Agreement which by their nature should survive, shall survive termination of this Agreement.
General Governing Law & Venue and Arbitration. This Agreement will be governed by and construed and enforced in accordance with the laws of the province of Alberta without giving effect to the conflict of laws rules or choice of laws rules thereof. The venue for any action arising hereunder shall be in the City of Calgary in the province of Alberta. If a dispute or misunderstanding should occur between the parties regarding this contract or either party's contractual obligations, it is agreed that the ADR Institute of Alberta's (ADRIA) Select and Appoint process will be used to choose and hire an ADR professional to facilitate a dispute resolution process, should direct negotiations fail. If you are a resident in any jurisdiction in which the provisions of this section is found to be unenforceable, then any disputes, claims of causes of action arising out of or in connection with these Terms will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil court in your jurisdiction of residence.
General. You may not assign this Agreement without FeisFWD's prior written approval. FeisFWD may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of FeisFWD's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, FeisFWD because of this Agreement or use of the FeisFWD Services.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be fully enforced under law. FeisFWD's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FeisFWD in writing.
Waiver. Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that provision. A waiver of these Terms is only valid and effective if it is in writing and signed by the relevant party.
All requests for information or documents related to potential, anticipated or current legal proceedings, must be properly serviced on FeisFWD via, FeisFWD's solicitor as follows:
Suite 200, 306 Ontario Ave
Saskatoon, SK, S7K 2H5
All inquiries with respect to this Agreement should be sent to: firstname.lastname@example.org or by post at 2913 Lovett Road Coldbrrook NS