TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

THIS MOBILE APP IS OWNED AND OPERATED BY CHEER DISTRICT CORP.

 

(“CHEER DISTRICT”, " WE” AND “US”), 491 Lawrence Ave W, Toronto, ON, Suite 304. ACCESS AND USE OF THIS MOBILE APP ("MOBILE APP") AND ITS RELATED SERVICES (THE " SERVICES") ARE PROVIDED BY CHEER DISTRICT TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE. BY ACCESSING OR USING THIS MOBILE APP OR THE SERVICES (INCLUDING THE PURCHASE OF ANY PRODUCTS OFFERED ON THIS MOBILE APP ("PRODUCTS")), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS MOBILE APP OR THE SERVICES.

 

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, a release and indemnification by You, as well as an agreement to arbitrate and a class action waiver in Sections 3, 8, 10, 12-14, 16-19, and 28-30. Please review those sections (and all of the other terms) carefully.

 

These Terms of Use govern the relationship between you, this Mobile App visitor and/or member (“you”) and Cheer District with respect to your use of the this Mobile App and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.

 

You understand that aspects of this Mobile App and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Mobile App and receive the Services in your jurisdiction.

 

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Mobile App or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Mobile App or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Mobile App or the Services; and (iv) the equipment, hardware or software required to use and access this Mobile App or the Services. 

 

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Mobile App. We will notify users of material changes to these Terms of Use via Push Notification. Your continued use of this Mobile App or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Mobile App periodically to ensure you are familiar with the most current version of these Terms of Use.

 

You may not interfere with the security of, or otherwise abuse this Mobile App, the Services or any system resources, services or networks connected to or accessible through this Mobile App or the Services. You may only use this Mobile App and the Services for lawful purposes.

 

IF YOU ARE A PARENT OR GUARDIAN AND YOU CONSENT TO YOUR CHILD’S USE OF OR REGISTRATION WITH THIS MOBILE APP OR THE SERVICES, BY PROVIDING SUCH CONSENT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THIS MOBILE APP AND THE SERVICES.

 

1. JURISDICTION & CHILDREN

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into these Terms of Use or use this Mobile App or the Services without your parent or guardian’s entering into these Terms of Use.

 

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Mobile App or the Services, you may not enter into these Terms of Use or use this Mobile App or the Services. By using this Mobile App you are explicitly stating that you have verified in your own jurisdiction that your use of this Mobile App and the Services is allowed.

 

You may, where authorized or permitted by law, permit your children to use this Mobile App and the Services, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand, and comply with these Terms of Use. You shall at all times be responsible and liable for all activities conducted and items obtained through your Account (defined below), including, without limitation, all activities which may be conducted and/or items which may be obtained by your child.

 

Your Account may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Mobile App or the Services is not allowed.

 

2. PRIVACY

Cheer District is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Mobile App or use the Services. Please see our Privacy Policy at https://app.cheerdistrict.com/privacy for further details.

 

Should you choose to post any content or other material on our Mobile App, you understand that such material (including, for example, your name and/or your user ID) may become public.

 

You acknowledge and agree that access to and use of this Mobile App and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

 

3. MEMBERS

In order to access and use certain of the Services available on this Mobile App (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.

 

You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.

 

WHERE A CHILD UNDER THIRTEEN (13) YEARS OF AGE SEEKS TO CREATE AN ACCOUNT, THEY MAY BE REQUIRED TO PROVIDE THEIR PARENT/GUARDIAN’S NAME, PHONE NUMBER, ADDRESS OR EMAIL ADDRESS SO THAT WE CAN CONTACT THEM TO VERIFY THEIR CONSENT. CHILDREN UNDER THIRTEEN ARE NOT PERMITTED TO USE THIS MOBILE APP OR THE SERVICES UNTIL CERTAIN STEPS ARE TAKEN BY THEIR PARENT/GUARDIAN.

 

You must not choose a username that infringes the rights of any third party, impersonates any Cheer District employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Mobile App or the Services via your username or password to any third person (except to your minor children if you are their parent or guardian).

 

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

You may not use the account, username, or password of anyone else at any time, unless they are your parent/guardian and you have your parent/guardian's permission to do so. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

 

You cannot transfer your Account to any other person, or permit anyone, other than your children, to use same.

 

We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.

 

4. PRODUCTS AND SUBSCRIPTION SERVICES 

Cheer District may, from time to time, provide certain subscription-based Services through this Mobile App on a fee basis (“ Subscription Services”). These Services may be subject to additional terms and conditions presented to you at the time of such purchase or download.

 

This Mobile App may also allow you to purchase Products from time to time. Please note that advertisements on this Mobile App for Products are invitations to you to make offers to purchase Products and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order.

 

Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

 

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.

 

Although we will endeavor to provide you with the most accurate information regarding the Products and Subscription Services, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Mobile App.

 

Subject to applicable laws, we may amend this Mobile App, the Products and Subscription Services listed on this Mobile App, and/or the amounts that we charge for same at any time, without prior notice.

 

5. PAYMENT

The prices displayed on this Mobile App are quoted in Canadian dollars. 

 

Fees for any Subscription Services and Products do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Also note that the price of any Products on our Mobile App does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are responsible for the payment of same.

 

Where you elect to purchase any Products or Subscription Services, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Services as more particularly set out in the order confirmation provided at the time that you ordered such Services. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavored to purchase arising from any validation checks that may be carried out regarding your payment or identification.

 

You agree that Cheer District may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due.

 

No refunds are available under any circumstances for any Products or Subscription Services purchased.

 

6. PERSONAL USE ONLY

Unless we expressly consent otherwise, this Mobile App and the Services are only for personal use (and not for commercial purposes).

 

7. CODE OF CONDUCT

You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Mobile App or the Services. Cheer District does not condone or allow unsolicited commercial electronic communications (i.e. spam). You agree that you will not use this Mobile App or the Services to send unsolicited commercial or other e-mail to Cheer District or any other users.

 

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Cheer District's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.

 

While using this Mobile App or the Services you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Mobile App and the Services. In addition, and without limiting the foregoing, you agree not to:

 

post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;

post anything that (a) does not generally pertain to the designated topic or theme of this Mobile App or the Services; (b) violates any specific restrictions applicable to this Mobile App or the Services, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet.

post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonate another person (including celebrities); (c) indicate that you are an Cheer District employee, representative of Cheer District; or (d) attempt to mislead users by indicating that you represent Cheer District or any of Cheer District’s partners or affiliates;

post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Service;

download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in this Mobile App or the Services except as expressly authorized by us in writing;

use tools which hack or alter this Mobile App, the Services or that allow you to connect to this Mobile App's or the Services' private binary interface or utilize user or other interfaces other than those provided by us to you;

attempt to obtain a password or other private account information from any other user of this Mobile App or the Services; or

create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person's Account with Cheer District.

Do not use our Mobile App or the Services, or lodge complaints against other users, to facilitate a personal dispute.

 

If you have reason to believe that another person is using the our Services in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate state or federal agencies.

 

8. MONITORING

We strive to provide an enjoyable online experience for our users, so we may monitor any activity on our Mobile App or the Services, including in the social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, and elsewhere, to foster compliance with these Terms of Use. You hereby specifically agree to such monitoring.

 

Please note that we do not make any representations, warranties or guarantees that: (i) this Mobile App, the Services, or any portion thereof, will be monitored for accuracy or unacceptable use; (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Mobile App or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.

 

We have the right, but not the obligation, to delete any communications, content or other materials on this Mobile App at any time without notice or liability to you.

 

9. INVESTIGATIONS

You agree that Cheer District or its representatives may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of: (i) any breach of these Terms of Use; (ii) infringement of third party rights; or (iii) any unauthorized use of this Mobile App or the Services. Cheer District does not intend to disclose the existence or occurrence of such any investigation unless required by law or if requested by law enforcement officials.

 

10. AVAILABILITY

While we endeavour to keep downtime to a minimum, we can't promise that this Mobile App or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Mobile App or the Services, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Mobile App or the Services.

 

11. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Mobile App and the Services, and you shall be solely responsible for all charges and fee related thereto.

 

12. CURRENCY OF MOBILE APP

Cheer District updates the information on this Mobile App and the Services periodically. HOWEVER, CHEER DISTRICT CANNOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THIS MOBILE APP AND THE SERVICES. Cheer District may revise, supplement or delete information, services and/or the resources contained in this site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.

 

13. LINKED MOBILE APPS

This Mobile App or the Services may provide links to third party Mobile Apps for your convenience only. The inclusion of these links does not imply that Cheer District monitors or endorses these Mobile Apps. Cheer District does not accept any responsibility for such Mobile Apps. CHEER DISTRICT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD PARTY MOBILE APPS OR LINKED RESOURCES.

 

14. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Mobile App or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Mobile App or the Services.

 

CHEER DISTRICT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS MOBILE APP OR THE SERVICES OR YOUR DOWNLOADING OF ANY OF USER MATERIALS OR OTHER CONTENT FROM THIS MOBILE APP. Cheer District recommends that you install appropriate anti-virus or other protective software.

 

15. OUR MATERIALS

Cheer District may make certain communications, content, software or other materials (including, for example, all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, the "CD Materials") available to you from this Mobile App or the Services, from time to time. If you download or use Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Cheer District’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such materials. Cheer District does not transfer either the title or the intellectual property rights to the CD Materials to you, and retains full and complete title to the CD Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the CD Materials. You further agree not to decompile, reverse-engineer, or disassemble any CD Materials. Cheer District or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

 

This Mobile App (including its organization and presentation and CD Materials) is the property of Cheer District and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

 

16. YOUR MATERIALS

By any posting, downloading, displaying, performing, transmitting, or otherwise distributing any communications, content or other materials to this Mobile App or the Services by you or at your direction (" User Materials"), you are granting Cheer District, its affiliates, partners, officers, directors, employees, consultants, agents, representatives, and other users of the Mobile App and Services a non-exclusive, irrevocable, perpetual license to use such User Materials in connection with the operation of this Mobile App and the Services, including, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat such User Materials. You will not be compensated for any User Materials. You agree that, unless you advise otherwise, Cheer District may publish or otherwise disclose your name or username in connection with your User Materials. By posting User Materials on this Mobile App or the Services, you represent and warrant that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.

 

You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. CHEER DISTRICT SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION OR ACCURACY OF ANY USER MATERIALS, THE FAILURE TO STORE, TRANSMIT, ENCRYPT (OR OTHERWISE SECURE) OR RECEIVE ANY USER MATERIALS, OR THE STORAGE, TRANSMISSION, ENCRYPTION (OR OTHER SECURITY) OR RECEIPT OF ANY OTHER COMMUNICATION INVOLVING THE USE OF THIS MOBILE APP OR THE SERVICES.

 

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Mobile App or the Services and agree to obtain and maintain all such consents or permissions throughout the term of these Terms of Use.

 

17. MOBILE APP, SERVICES AND MATERIALS PROVIDED “AS IS”

THIS MOBILE APP, THE PRODUCTS, THE SERVICES AND ALL OF THE INFORMATION AND OTHER MATERIALS AVAILABLE ON THIS MOBILE APP (COLLECTIVELY, " MATERIALS") ARE PROVIDED "AS IS", "WHERE IS", AND "WITH ALL FAULTS", WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CHEER DISTRICT DOES NOT REPRESENT OR WARRANT THAT THIS MOBILE APP, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

THE SERVICES AND ALL MATERIALS CONTAINED ON THIS MOBILE APP ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PROFESSIONAL COACH OR OTHER ADVISOR.

 

18. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS MOBILE APP, THE PRODUCTS, THE SERVICES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

 

IN NO EVENT SHALL CHEER DISTRICT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “CHEER DISTRICT PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS MOBILE APP, THE PRODUCTS, THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

 

IN EVERY EVENT, CHEER DISTRICT’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS MOBILE APP, THE PRODUCTS, THE SERVICES AND THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE GREATER OF: (I) FIFTY PERCENT (50%) OF THE FEES THAT YOU ACTUALLY PAID TO CHEER DISTRICT IN CONSIDERATION OF ANY PRODUCTS PURCHASED BY YOU OR SERVICES PROVIDED TO YOU UNDER THESE TERMS OF USE; AND (II) FIVE ($5.00) DOLLARS CAD. 

 

THE CONSIDERATION BEING PAID TO CHEER DISTRICT UNDER THESE TERMS OF USE DOES NOT INCLUDE ANY CONSIDERATION FOR US TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY CHEER DISTRICT, CHEER DISTRICT WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

19. INDEMNIFICATION 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CHEER DISTRICT PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO CHEER DISTRICT AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST CHEER DISTRICT IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE MOBILE APP OR SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A CHEER DISTRICT PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE MOBILE APP OR SERVICES; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE MOBILE APP OR SERVICES USING YOUR ACCOUNT OR EMAIL ADDRESS.

 

IF CHEER DISTRICT TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, CHEER DISTRICT WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO CHEER DISTRICT.

 

20. TERM & TERMINATION

Cheer District may, from time to time, but is in no way obligated to, permit you to access and use this Mobile App and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this Mobile App and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Cheer District shall not, in any event, be responsible to you in any way should you be unable to access this Mobile App and the Service at any time or from time to time.

 

Cheer District may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Mobile App and the Services and/or terminate these Terms of Use or any of the licenses granted hereunder. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Mobile App and the Services.

 

21. SUSPENSIONS

We reserve the right to suspend your Account and/or your access to this Mobile App and/or the Services immediately, with or without notice to you, and without liability to you, if Cheer District, in its sole discretion, believes that:

 

you have violated or otherwise breached these Terms of Use;

any information provided by you is untrue, inaccurate, not current or incomplete;

you, or any other parties, are obtaining unauthorized access to our Mobile App, or any other systems or information of Cheer District.

These suspensions will be for such periods of time as Cheer District may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

 

22. NOTICE

If you need to contact us regarding this Mobile App, the Services or these Terms of Use, please e-mail us at  contact@cheerdistrict.com

 

23. YOUR COMMENTS 

Feel free to email your comments, suggestions and feedback (" Comments") to Cheer District at the e-mail addresses provided in this Mobile App or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Cheer District is not liable for any damages related to communications to or from this Mobile App or the Services.

 

You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Cheer District has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Cheer District may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you; and (iv) such Comments are truthful and do not violate the legal rights of others.

 

24. PROTECTION OF MINORS

Pursuant to 47 U.S.C. Section 230 (d), as may be amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at www.commonsensemedia.org or by searching “parental control protections.” Note that we do not endorse, support or approve any of the products or services listed at such sites.

 

25. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of this Mobile App are entitled to the following specific consumer rights notice: Consumer Information Division of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at 1-800-952-5210

 

26. EXPORT CONTROL AND JURISDICTION

This Mobile App, the Services and the CD Materials are subject to Canadian and United States export controls. No CD Materials or any other materials may be downloaded or otherwise exported or re-exported: (i) into any country to which Canada or the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

This Mobile App and the Services are solely directed to individuals residing in Canada and the United States. We make no representation that materials in this Mobile App or the Services are appropriate or available for use in other locations. Those who choose to access this Mobile App from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

We reserve the right to limit the availability of this Mobile App and/or the provision of any of the Services, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Services, materials, or other product provided.

 

27. CLAIMS OF COPYRIGHT INFRINGEMENT IN THE UNITED STATES 

If you are an intellectual property owner or an agent thereof and believe that either (1) any User Materials on the Mobile App or Service or (2) any material or activity contained on an online location to which Cheer District has referred or linked users, infringes upon your intellectual property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to:

 

Brianne Hanson 

491 Lawrence Ave W, Toronto, ON 

647-326-5677 

contact@cheerdistrict.com

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Emails or notices sent to Cheer District without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

 

28. CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

 

29. ADVERTISEMENT RELEASE

Cheer District takes no responsibility for advertisements or any third-party material posted on or transmitted through the Mobile App or Service, nor does it take any responsibility for the products or services provided by other service providers with content on the Mobile App or Service (“Advertisers”). Any dealings you have with Advertisers found while using the Service are between you and the Advertiser, and you agree that Cheer District is not liable for any loss or claim that you may have against an Advertiser.

 

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE CHEER DISTRICT FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

 

30. MISCELLANEOUS /ARBITRATION

These Terms of Use is governed by and construed in accordance with the laws in the Province of Ontario, Canada, without regard to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to personal jurisdiction by the courts located in the Province of Ontario, located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, this Mobile App or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of this Mobile App or Services, which cannot be amicably resolved, (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Ontario Arbitration Act, 1991, as amended, replaced or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party.

 

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action as described in Section 28 of these Terms of Use. Notwithstanding the foregoing, Cheer District reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts. 

 

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Sections 15-19, 29-30, together with your obligations under Sections 5 and 7 will survive termination or expiry of these Terms of Use.

 

These Terms of Use are not assignable, transferable or sub-licensable by you except with Cheer District’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

 

These Terms of Use were last updated on November 1, 2018.