BALLET JÖRGEN CANADA AND GEORGE BROWN COLLEGE VIRTUAL DANCE STUDIO ONLINE TRAINING OR MEMBERSHIP

These Terms of Use (“Terms”) govern the use of Ballet Jörgen Canada (o/a Jörgen Dance, Jörgen Dance Academy and Jörgen Community Dance) and The George Brown College of Applied Arts and Technology (o/a George Brown College) Virtual Dance Studio online training or membership (“Service”) and govern the relationship between you (“You” or “User”) and Jörgen Dance and George Brown College (“VDS” or “We”) regarding your use of the Service. By accessing or using the Service You agree to the Terms and accept to be bound by them. These Terms affect your legal rights and obligations. if you do not agree to the Terms, please exit the website now and do not use the Service.

Medical Disclaimer

Before starting any VDS exercise or other exercise program through the Service, consult your physician or other qualified health care provider to determine if such program is right for your needs. Jörgen Dance and George Brown College are not medical organizations and their instructors, tutors, directors, or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while using the Service. Nothing contained in this Service should be construed as any form of medical advice or diagnosis.

By using the Service you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that, by participating in classes and activities from VDS, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time, instructors may suggest physical adjustments or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.

Waiver & Release

You expressly waive and release any claim that you may have at any time for injury of any kind against Jörgen Dance and George Brown College or any person or entity involved with Jörgen Dance, George Brown College and/or the VDS, including without limitation its directors, management, teachers, independent contractors, employees, agents, affiliates and representatives.

Creating an Account

You become a registered user of the Service and create a Service account (“Account”) by (i) using your personal unique email address and giving other information required; or (ii) by using a single sign in if available. The Service is intended for people who are at the age of majority (usually 18 years or older). Persons under that age shall provide a separate consent by their legal guardian.

Each individual User shall only create one (1) Account.

Your Obligations related to Your Account

You are solely responsible for the security of your equipment that you use to access your Account.

You may not sell or charge others for the right to use Your Account, or otherwise transfer Your Account. You may not reveal, share or otherwise allow others to use your password, or use passwords of others.

You agree that you are personally responsible for the use of your Account, and for all of the communication and activity in connection with the Service resulting from the use of your Account.

Your License to Use the Service

The Service is licensed to you on a limited, non-exclusive, non-sub-licensable and non-transferable basis, for your personal and non-commercial use only, solely for the period during which you pay the Service subscription fee. Your licence is to use only the executable version (no source code) of the Service application.

Your use of the Service might be governed also by separate policies, as provided in connection with such services, which may be brought to your attention from time to time.

No Unlawful or Prohibited Use

You agree that you will not use the Service for any purpose that is unlawful. Except as expressly provided in these Terms, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Service and its content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Service is strictly prohibited.

Use of the Application to Access the Service

The Service includes the relevant application that enables you to use the Service. If you download an application for accessing the Service, You may not use such application for any purpose other than the permitted access to the Service. You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time.

These Terms do not entitle You to future updates, new versions or other enhancements of the application, although VDS may choose to provide such updates etc., in its sole discretion.

Our Right to Suspend or Terminate

When attending live interactive VDS classes through the Service You shall always wear proper exercise clothing and use appropriate language when contacting the instructor and not behave in a manner that makes the instructor feel uncomfortable or intimidated.

VDS has the right to suspend You from using the Service if you don’t follow these guidelines.

You affirm that you have not been previously suspended or removed from the Service.

Without limiting any other remedies, VDS may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if VDS suspects such failure, with these Terms or for any actual or suspected illegal or improper use of the VDS, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service material associated with your use of the Service, and VDS is under no obligation whatsoever to compensate You for any such losses or results.

Intellectual Property Rights

The Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“VDS Property”) are owned by or licensed to Jörgen Dance and George Brown College, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. Except as expressly provided in these Terms, VDS does not grant any express or implied rights to use VDS Property.

VDS may make available to users, for free or upon payment, additional content in the Service, such as videos or pictures (“Additional Content”).

You are hereby granted a limited, non-exclusive, non-sub-licensable and non-transferable license to access and use the VDS Property and Additional Content only in connection with the use of the Service. Any use of the Service, VDS Property or Additional Content other than as specifically authorized in the Terms is prohibited and will terminate the license to use the same. For avoidance of doubt, you have no right to make available to third parties any content originating from the Service.

Disclaimer re: General Content

ALL CONTENT ASSOCIATED WITH THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND REGARDING USE OF THE SERVICE OR THE CONTENT. JÖRGEN DANCE AND GEORGE BROWN COLLEGE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

IN NO EVENT WILL JÖRGEN DANCE OR GEORGE BROWN COLLEGE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR YOUR RELIANCE ON THE CONTENT, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE.

Governing Law

These Terms are governed by the laws of Ontario, Canada and these laws apply to your use of the Service, notwithstanding your domicile, residency or physical location.

Entire Agreement

These Terms contain the entire agreement between the parties as pertaining to the subject matter, and supersede all prior agreements, understandings, representations, negotiations, discussion, whether oral or written, of the parties. There are no warranties, representations or other agreements between the parties in connection with the subject-matter of this Agreement except as specifically set forth in these Terms.

Severability

If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The Agreement shall thereafter be construed as if such invalid, illegal or unenforceable provision were omitted.

Contacting Us

For more information about the use of the Service, please contact info@virtualdancestudio.ca.