By accessing, using or registering for any Services, you agree to these TOU. If you do not agree to these TOU, please do not use any Services. We may change these TOU at any time by posting the updated terms. Your continued use of the Services will mean that you accept those changes, so you should periodically review the current version of these TOU.
The Services are only intended for users that are at least 13 years old. Any users who register for and/or access or use the Services represent that they are at least 13 years old. You may use the Services only if you can form, or your parent or legal guardian agrees to form on your behalf, a binding contract. Please note that some Content may not be appropriate for all audiences.
For purposes of these TOU, the following defined terms shall have the corresponding meanings set forth below:
“ChoreoNova” or “we” or “us” has the meaning set forth in the first paragraph above.
“ChoreoNova IP” has the meaning set forth in Section 3 below.
“Content” has the meaning set forth in the first paragraph above.
“Services” has the meaning set forth in the first paragraph above.
“TOU” has the meaning set forth in the first paragraph above.
Access and Use of the Services
You are fully responsible for any use of the Services (including any Content) by you or under your account. You must maintain the confidentiality and security of any passwords or other access credentials related to your account. You may not access or use the Services in any manner or for any purpose that is inappropriate, commercial or unauthorized; take any action that is reasonably likely to violate or harm our or any other person’s rights or property; interfere with the operation of the Services or circumvent or disable any security measures; or use the Services in a manner that violates any laws or regulations. We may monitor your use of the Services, and you agree to cooperate in any investigation relating to any suspected unauthorized use of the Services or other breach of these TOU. We may terminate or suspend your account or your use of any Services at any time, and we may change or discontinue any Services at any time.
You agree to pay, and you authorize us to collect payment of, any fees applicable to the Services, including in relation to any downloading or other access of Content. If any Service or Content is listed at an incorrect price or the subject of any other mistake, we may refuse or cancel any orders affected by such mistake, and we will refund any amounts already paid under such cancelled orders. No other cancellations or refunds will apply, except as otherwise set forth in our standard procedures or policies.
You agree that all Services and Content, and all intellectual property rights and goodwill in or associated with any Services or Content (collectively, “ChoreoNova IP”), belong to ChoreoNova® or our licensors. The ChoreoNova IP is protected by copyright, trademark, and other intellectual property law. Except to the extent specifically authorized in writing by ChoreoNova,® you may not copy, modify, publish, distribute, perform, display, download, license, enter into a database, create derivative or compilation works of, reverse engineer, transfer, sell, or otherwise commercialize any ChoreoNova IP. If we grant you permission to use any of our trade names, trademarks, logos or other symbols, you must comply with all of our guidelines, and any goodwill associated with such use will exclusively belong to us. You agree to keep confidential all information associated with any Services or Content, except to the extent of information that is publicly and readily available without any breach of these TOU. We reserve all rights not expressly granted to you under these TOU. These rights and obligations will survive any termination of these TOU.
Links and Other Content
The Services may contain links to third-party websites or applications. ChoreoNova® does not endorse, promote, or control these websites and services and is not responsible or liable for their content, activities, privacy practices, availability, accuracy, products, or services. You are responsible for your use of any such websites or resources.
Disclaimer of Warranties
YOUR USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES OR ANY CONTENT, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY SERVICES OR CONTENT WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, OR ERROR OR VIRUS FREE. THIS DISCLAIMER WILL SURVIVE ANY TERMINATION OF THESE TOU.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability
UNDER NO CIRCUMSTANCES WILL CHOREONOVA® OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, ARTISTS, PERFORMERS, VOLUNTEERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS, REVENUE, DATA, OR BUSINESS ARISING OUT OF OR RELATED TO THESE TOU OR ANY SERVICES OR CONTENT, EVEN IF CHOREONOVA® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER OR RELATED TO THESE TOU OR ANY SERVICES OR CONTENT WILL BE LIMITED TO THE AMOUNT YOU PAID TO US, IF ANY, FOR THE APPLICABLE SERVICES OR CONTENT. THESE LIMITATIONS WILL SURVIVE ANY TERMINATION OF THESE TOU.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify us and our employees, directors, officers, agents, representatives, independent contractors, artists, performers, volunteers, successors and assigns against any claims, causes of action, damages, liabilities, losses, costs and expenses (including legal fees and costs) arising out of or in connection with (a) any use of the Services by you or under your account; (b) your breach of these TOU; (c) your failure to comply with any applicable laws or regulations; (d) your negligence, willful misconduct, or violation of the intellectual property or other rights of any person; and/or (e) any transactions with third parties resulting from your use of the Services. You may not settle any such claim without the prior written consent of ChoreoNova. ChoreoNova® reserves the right to assume sole control of the defense activities for any such claim. You agree to fully cooperate with ChoreoNova® in connection with ChoreoNova’s defense of any such claim. These obligations will survive any termination of these TOU.
Entire Agreement and Severability
These TOU are exclusively governed by, and must be interpreted in accordance with, the laws of the United States and the Commonwealth of Virginia, even if the laws of another jurisdiction could otherwise apply. You and ChoreoNova® each agree to submit exclusively to the personal jurisdiction of a court of competent jurisdiction located in Charlottesville, Virginia for any action, except that ChoreoNova® may seek equitable relief in any court of competent jurisdiction in connection with protecting any rights or enforcing any obligations related to intellectual property or confidentiality.
For any dispute, you or ChoreoNova® must give the other notice of a dispute, including the name, address, and contact information of the party giving the notice, the facts giving rise to the dispute, and a proposed solution. You and ChoreoNova® will attempt to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, you or ChoreoNova® may commence formal proceedings. Notwithstanding the foregoing, ChoreoNova® may seek preliminary equitable relief at any time in any court of competent jurisdiction in connection with protecting any rights or enforcing any obligations related to intellectual property or confidentiality.
Our failure to enforce or respond to a breach of any provision of these TOU will in no way waive our right to subsequently enforce or respond to a breach of any provision of these TOU. You may not amend these TOU.
These TOU do not result in any joint venture, partnership, employment or agency relationship between ChoreoNova® and you. These TOU, and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you without ChoreoNova’s prior written consent, but may be assigned by ChoreoNova® without restriction.
Questions and Feedback
Please direct any questions or complaints by email to email@example.com or by mail at our address listed in the first paragraph above. You agree that we may provide notices and otherwise communicate with you via email, posting on the Services and/or any other reasonable electronic means, and that any such communications satisfy any legal requirement that they be in writing. We value your input. If you choose to submit any comments, content, ideas or feedback, you agree that we are free to use them without any geographic, time, use or other restriction and without any compensation to you.