Privacy Policy& Terms of Use

Privacy Policy

PRIVACY POLICY

 

Introduction

ATTENTION: PLEASE READ CAREFULLY THIS CHEER DISTRICT CORP. ("CHEER DISTRICT," "WE," OR "OUR") PRIVACY POLICY ("PRIVACY POLICY"), WHICH IS PART OF THE CHEER DISTRICT TERMS OF USE, BEFORE YOU ACCESS, DOWNLOAD OR OTHERWISE USE OUR MOBILE APP OR SERVICES.

 

ACCESSING, DOWNLOADING OR OTHERWISE USING THE MOBILE APP OR SERVICES INDICATES THAT YOU ACCEPT THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT ACCESS, DOWNLOAD OR OTHERWISE USE THE MOBILE APP OR SERVICES. You acknowledge that you have read and understood this Privacy Policy.

 

This Privacy Policy only applies to the Cheer District App. Other Mobile Apps or Mobile Apps which are linked to/from our Mobile App or Services may have different policies. Please review the privacy policy notices and agreement on linked Mobile Apps and services for details.

 

Please note that in order to participate in some activities on the Mobile App or Services, it will be necessary for you to provide personally identifiable information. If you choose not to provide it for those activities, you may not be able to participate in them.

 

Unless explicitly stated otherwise, any new features that augment or enhance the current Mobile App or Services shall be subject to this Privacy Policy.

 

This Privacy Policy is part of Cheer District's Terms of Use. Any terms defined in the Terms of Use shall have the same meaning in this Privacy Policy.

 

Please review the Privacy Policy each time you use the Mobile App or Services. If we materially change this Privacy Policy, we will update this page to reflect any changes to this Privacy Policy. We will notify users of material changes to this Privacy Policy via Push Notifications.

 

Cheer District is committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that Cheer District collects from or about you, as well as how we use and to whom we disclose that information. Please review this entire document carefully.

 

Privacy Policy Jurisdiction

This Privacy Policy covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws and the laws of the United States, as applicable.

 

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact our Privacy Officer for more information.

 

What Personal Information Do We Collect?

We collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:

 

contact and identification information, such as your name, country of residence and telephone number;

product and service related information concerning the products and services that we provide to you, including, for example:

your user profile information, including name, birthday, and account type;

any communications, content or other materials that you may post or upload onto or through our Mobile App or Services (e.g. images and videos), including fitness training information; and

any other information that you may provide to us in connection with our products and services;

personal information related to the services that you seek from us;

information gathered from other social media sources; and

business relationship information, including information related to your agreements, preferences, advisors and decision-makers, feed-back and information requested by or provided to you.

We are concerned about the safety of children when they use the internet. We want you and your family to be safe while visiting our App and urge parents to monitor and supervise their child’s online activities. 

 

Parents may regulate their child's access through Family Sharing and Apple's Parental Controls. Please see Children & Education in Apple's Privacy Policy.

 

Parents have the right to review, correct, or have deleted from our database, their child’s personal information and/or have the right to refuse further collection or use of a child’s personal information. If you have questions about the collection and use of children’s information or wish to make a request about your child’s personal information, please contact us at  contact@cheerdistrict.com

 

Cheer District's operations include activities related to providing an online forum for cheerleaders and related professionals to train, educate, chat, and connect. As such, Cheer District may also collect personal information from individuals participating in and / or impacted by these activities. For example, we may carry out interviews (that may potentially be uploaded onto our Mobile App) and collect user-generated content from users of our Mobile App.

 

As a general rule, Cheer District collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied from your actions).

 

From time to time, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

 

Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.

 

Our Mobile App

We may collect information related to your visit to our Mobile App, including the IP address and domain name used to access our Mobile App and Services, the type and version of your browser, the Mobile App you came from to access our Mobile App and Services, the page you entered and exited at, any Mobile App page within our Mobile App or Services that is viewed by that IP address and what country you are from. We may use this information to monitor our Mobile App's performance (such as number of visits, average time spent, page views) and for our other business purposes, such as: (i) customizing certain content that we think you might like based on your usage patterns; (ii) improving our products and services; and (iii) upgrading our Mobile App and Services.

 

We may place a "cookie" on the hard drive of your mobile device to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can be read by the Mobile App that placed the cookie on your hard drive. The cookie acts as an identification card and allows our Mobile App to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the Mobile App so that we can better understand your use of our Mobile App so that we can customize and tailor the Mobile App to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a Mobile App placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on the Mobile App.

 

Third Party Links and Data Collection

Our Mobile App may contain links to or embedded frames of other Mobile Apps or Websites that may be subject to less stringent privacy standards. For example, our online store is hosted by a third party, Shopify, and any transaction information directly related to purchases or behavior within the online store will be governed by its privacy policy, available here:  https://www.shopify.com/legal/privacy

 

If you click on a link to such a third party Mobile App or Website, a third party may also place a cookie on your hard drive. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these Mobile Apps or Websites. Cheer District is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these Mobile Apps or Websites before providing them with personal information.

 

Why Do We Collect Personal Information? 

Cheer District collects personal information to enable us to manage, maintain, and develop our operations, including for example:

 

to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;

to be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services;

to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);

to the extent permitted by law, send you marketing materials that we believe may be of interest to you;

to protect Cheer District against error, fraud, theft and damage to our goods and property;

to enable us to comply with applicable laws or regulatory process; and

any other reasonable purpose to which you consent.

How Do We Use and Disclose Your Personal Information?

We may use and disclose your personal information:

 

as permitted or required by applicable laws or regulatory requirements;

for the purposes described in this Privacy Policy; and

for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

We may also use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

 

We may share your personal information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you: (i) third parties that provide services to us or on our behalf; (ii) third parties that assist Cheer District in the provision of services to you; and (iii) third parties whose services we use to conduct our business.

 

For example, we may share your personal information from time to time with our third party information technology, data processing and payment processing service providers so that we may operate our business. As a result, your personal information may be collected, used, processed, stored or disclosed in the United States or Canada. As such, your personal information may potentially be accessible to law enforcement and national security authorities of those jurisdictions. 

 

In addition, personal information may be disclosed or transferred to another party during the course of the grant of a security interest in Cheer District's assets, or completion of, all or a part of Cheer District through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

 

Finally, your personal information may be disclosed:

 

as permitted or required by applicable law or regulatory requirements;

to comply with valid legal processes such as search warrants, subpoenas or court orders;

with Cheer District's affiliates;

to protect the rights and property of Cheer District;

during emergency situations or where necessary to protect the safety of a person or group of persons; and

with your consent.

Third Party Service Providers and Business Partners

We may use third party service providers and business partners to perform functions in connection with the Mobile App or Services, site analytics, functions related to analyzing and improving the Mobile App or Service usefulness, reliability, user experience, and operation, advertising, storing data, providing users with products and services, processing payments, and as otherwise described in this Privacy Policy. We also may share users' personal information with advertisers for their direct marketing and promotional purposes so they can provide services to you.

 

Other Users

Mobile App and Service users with administrator access may be able to view your personal information. Team coaches may have administrator access and be able to view certain of your personal information.

 

When using the Mobile App or Services, some of your personal information may be shared with other users of the Mobile App, including your user type, connections, photos, team information, birthday, and any posts you make. Your personal information will be searchable and shared with other users through your public stream in accordance with your privacy settings.

 

Children's Privacy Policy

We are concerned about the safety of children when they use the internet. We want you and your family to be safe while visiting our App and urge parents to monitor and supervise their child’s online activities. 

 

Parents may regulate their child's access through Family Sharing and Apple's Parental Controls. Please see Children & Education in Apple's Privacy Policy.

 

Parents have the right to review, correct, or have deleted from our database, their child’s personal information and/or have the right to refuse further collection or use of a child’s personal information. If you have questions about the collection and use of children’s information or wish to make a request about your child’s personal information, please contact us at  contact@cheerdistrict.com

 

Analytics

We use third party analytics tools to help us measure traffic and usage trends for the Mobile App and Services. These tools may use cookies and other technologies to collect information about your use of the Mobile App and Services. These tools collect information sent by your device or the Mobile App or Services and other information that assists us in improving the Mobile App and Services. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

 

For example, we use Google's Universal Analytics to better understand who is using the Mobile App and Services and how people are using it. Google uses cookies, pixel tags and other technologies to collect and store information such as Mobile App or Services pages visited, places where users click, time spent on each Mobile App or Services page, IP address, type of operating system used, location-based data, device ID, search history, and phone number. We use this information to improve the Mobile App or Services and as otherwise described in this Privacy Policy. Please see http://www.google.com/policies/privacy/partners/ for information about how Google Analytics uses this information, visit https://tools.google.com/dlpage/gaoptout for information about the Google Analytics Opt-out Browser Add-on, and visit http://www.google.com/settings/ads/ to adjust the settings for your Google account.

 

Choice/Opt-Out

You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer. In certain circumstances, the withdrawal of consent may render us unable to continue to provide products or services where the collection, use or disclosure of your personal information is necessary to provide the product or service.

 

We assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

 

How is Your Personal Information Protected?

Cheer District endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. Unfortunately, we cannot guarantee complete security: for example, unauthorized access use, or disclosure, (ii) hardware or software failure, and (iii) other events may compromise the security of your personal information at any time.

 

The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

 

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.

 

Changing Your Information - To change your information, you may login to your account profile. If you are unable to log into your account, please contact us at  contact@cheerdistrict.com

 

Closing Your Account - You may close your account by contacting us at  contact@cheerdistrict.com If the email account associated with your email address is not active, We may close your account without notice.

 

In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.

 

Access to Your Personal Information

You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.

 

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.

 

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

 

Inquiries or Concerns? 

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.

 

Privacy Officer

We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:

 

Cheer District Corp. 

491 Lawrence Ave W 

Toronto, Ontario, M5M 1C7 

647-326-5677 

contact@cheerdistrict.com

Revisions to this Privacy Policy

From time to time, we may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our Mobile App, and we encourage you to refer back to it on a regular basis.

 

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore where the word "including" is used, it shall mean "including without limitation".

 

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Cheer District any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, or United States laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada's federal and provincial privacy laws or United States law, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

 

Do Not Track Policy

Your browser or device may offer you a "Do Not Track" option, which allows you to signal to operators of Mobile Apps, web applications, mobile applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different Mobile Apps or applications. Our Mobile App and Services do not support Do Not Track requests at this time, which means that We or our analytics providers or other third parties with which we are working collect information about your online activity both during and after your use of the Mobile App and Services.

 

California Residents

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties' direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at  contact@cheerdistrict.com

 

Cheer District respects the rights afforded to minors under the age of 18 under the Privacy Rights for California Minors in the Digital World Law, codified in the Business and Professions Code of California, Sections 22580-22582. We do not advertise or market any of the products or services identified in Section 22580(i)(1)-(19). Further, according to Section 22581, minors using the Mobile App or Services can have content they uploaded removed subject to certain exceptions. Removal may not ensure complete or comprehensive removal of the content or information posted on the Mobile App or Services by You. We will remove information posted by a user under the age of 18 unless: the information was posted, stored, republished or reposted by a third party; state or federal law requires Cheer District to maintain the information; we anonymize the posted content or information; or the minor received compensation or other consideration for providing the content. If you wish to request removal of information you posted on the Mobile App or Services, please contact us at  contact@cheerdistrict.com

Children's Privacy Policy

CHILDREN'S PRIVACY POLICY

 

We are concerned about the safety of children when they use the internet. We want you and your family to be safe while visiting our App and urge parents to monitor and supervise their child’s online activities. 

 

Parents may regulate their child's access through Family Sharing and Apple's Parental Controls. Please see Children & Education in Apple's Privacy Policy.

 

Parents have the right to review, correct, or have deleted from our database, their child’s personal information and/or have the right to refuse further collection or use of a child’s personal information. If you have questions about the collection and use of children’s information or wish to make a request about your child’s personal information, please contact us at  contact@cheerdistrict.com

Terms of Use

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.