and operated by DSS Digital Shelf Space Inc. ("DSS", "we", "us", or "our"),
including www.touracademydvds.com (the "Web Site"). By using the Web Site,
you agree, without limitation or qualification, to be bound by the terms
and conditions as set forth below.
At DSS, we respect your privacy and believe you should be informed about
how we collect, use and disclose your personal information. Please read
Modifications to any of the foregoing shall be effective when they are
posted on the Web Site, which posting shall constitute notice to you.
Your continued use of the Web Site following the posting of any such
modifications on the Web Site will mean that you accept and agree to be
bound by such modifications. We encourage you to check the Web Site
In order to
use the Web Site you must be at least 18 years of age or the legal age
to form a binding contract in your jurisdiction if that age is greater
than 18 years of age. Individuals who are under the age of 18 or the
legal age to form a binding contract in their jurisdiction ("Minors")
are prohibited from using the Web Site. Accordingly, if you are a Minor,
please do not attempt to register for the Web Site or send any
information about yourself to us, including your name, address,
telephone number, or email address. In the event that we learn that we
have collected personal information from a Minor, we will delete that
information as soon as reasonably practicable. If you believe that we
might have any information from or about a Minor, please contact us at
firstname.lastname@example.org. You represent that the information that you provide
about yourself (including your age) as requested in any account
registration form (the "Registration Data") is accurate and complete.
By using the Web Site, you represent that you have received consent from your physician to participate in the programs, lessons and drills described on the Web Site. You acknowledge and agree that we are not responsible for any resulting health problems and that such participation on your part is voluntary and at your own risk.
Information on the Web Site
try to provide helpful and accurate information on the Web Site, but we
cannot verify, endorse or vouch for the information, services or
recommendations available through the Web Site. We are not responsible
for the accuracy, reliability, effectiveness, or correct use of
information you receive through the Web Site.
agree to: (a) maintain all equipment necessary for your access to and
use of the Web Site; (b) maintain the security and confidentiality of
your user identification, password and other confidential information
relating to your account; (c) provide accurate, true, current and
complete information about yourself and promptly provide any updates
necessary to keep such information accurate, true, current and complete
at all times; (d) be responsible for all charges resulting from use of
your account, including unauthorized use prior to your notifying us of
such use and taking steps to prevent its further occurrence by changing
your password; (e) not impersonate another person or entity; (f) not
submit, post or transmit any unlawful, infringing, harmful, threatening,
abusive, harassing, defamatory, untrue, vulgar, obscene, profane,
hateful, racially, ethnically or otherwise objectionable material of any
kind, including, but not limited to, any material which encourages
conduct that would constitute a criminal offense, violate the publicity
and privacy rights of others, or otherwise violate any applicable local,
state, national or international law; (g) not use the Web Site to
introduce, transmit or otherwise distribute viruses, worms, time bombs
or other computer programming code that is intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information; and (h) not to use the Web Site for
chain letters, junk mail, "spamming" solicitations (commercial or
otherwise) or bulk communications of any kind.
Information and Content you Submit
information, including any content, Personal Information (as that term
information that you provide, post or email on the Web Site's
discussions, chats, blogs, postings, transmissions, bulletin boards and
other user-created pages (collectively "User Generated Content") shall
If you post User Generated Content in a public area of the Web Site (including bulletin boards, blogs, chat rooms or other user-created pages), that information will be treated as public, non-personal and non-confidential information. In order to facilitate the posting of this information, whenever you post User Generated Content in a public area of the Web Site, you automatically grant to us a royalty-free, perpetual, irrevocable, assignable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display User Generated Content alone or as part of other works in any form, media, or technology, and to sublicense such rights. In addition, if you submit Personal Information or any other User Generated Content in connection with any of our contests or sweepstakes, unless you otherwise notify us in writing, you permit us to attribute you as the contributor of such User Generated Content and to otherwise abide by the rules of the contest or sweepstakes.
we may from time to time monitor or review discussions, chats, blogs,
postings, transmissions, bulletin boards and other public user pages on
the Web Site (collectively, the "Community Pages"), we are not under any
obligation to do so. You acknowledge that we do not control the
information available on the Community Pages and that any opinions,
advice, statements, services, offers or other information or content
presented or disseminated on any Community Pages are those of their
respective authors who are solely responsible for their content, and in
no way represent the views or opinions of DSS.
You agree that you bear all risks associated with the use of any information available on any Community Pages, including any reliance on the accuracy, completeness or usefulness of such information. Under no circumstances will DSS be liable in any way with respect to such information, including, but not limited to, with respect to any errors or omissions in such information, or for any loss, claim or damages of any kind incurred as a result of the use of such information.
Ownership of the Web Site
Web Site and all aspects thereof, including but not limited to text,
software, photographs, graphics, illustrations, artwork, video, music,
sound, names, logos, trademarks, service marks and all other materials
(the "Content"), including any copyright, trademark or other
intellectual property rights in or to any of the foregoing are the
property of DSS or its affiliates or licensors and are protected by
copyright, trademark and other applicable laws. DSS grants you a
revocable non-exclusive, non-assignable and non-transferable license to
display the Content only for personal, non-commercial use. You agree not
to modify, reproduce, retransmit, distribute, disseminate, sell,
republish, rebroadcast, link to, create derivative works of, publicly
display (including by framing any Content) or circulate any Content or
commercially exploit any part of the Web Site. Modification of Content
or use of Content for any other purpose is a violation of any applicable
copyright or other proprietary rights. The use of any Content on any
other Web Site or networked computer environment is prohibited.
referring to news reports or articles in your posts on the Web Site,
including references to reports and articles appearing on other sections
of the Web Site, please post only a few sentences for the reader's
information and reference and include a link to the rest of the content
on the original site. Do not post articles, news reports, photographs,
graphics, images, audio, or other copyrighted material in their entirety
(or substantial portions thereof) unless you have obtained written
permission from the relevant copyright owner(s). Any unauthorized
posting of any of the foregoing to the Web Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and/or civil
and criminal statutes, and you will be responsible for any liability
arising from such violations. If you feel that any content on the Web
Site infringes your copyrights or other intellectual property rights,
please visit our IP Notification Policy.
we determine that any user is not using the Web Site responsibly, we
have the right (but not the obligation) to remove, edit, block or delete
such user's transmissions, User Generated Content, or use of the Web
Site. We also have the right (but not the obligation) to suspend or
terminate your access to and use of Community Pages or other parts of
the Web Site, or delete information you have posted to the Web Site,
without prior notice if you engage in any conduct that we believe, in
violates the Community Guidelines, (c) is offensive to other users, (d)
violates the rights of DSS or third parties, or (e) could cause DSS
Without limiting the foregoing, upon any termination of your account or access to the Web Site we may delete all your User Generated Content and other information in the Community Pages. If DSS suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.
Modifications and Termination of Web Site
DSS reserves the right at any time and from time to time to modify, suspend
or discontinue, temporarily or permanently, the Web Site (or any part
thereof), with or without notice to you. You acknowledge and agree that DSS shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Web Site or its
services or access thereto.
agree to indemnify, defend and hold harmless DSS, its parents,
subsidiaries, affiliates, officers, directors, agents, employees,
partners, suppliers and any third parties from any loss, liability,
claim, demand, action or damage, including reasonable attorneys' fees,
arising out of or related to (a) your use of or access to the Web Site
or its services, (b) the use of your account, (c) any content,
information or material you receive on or through the Web Site, (d) any
content, information or material you post, display or distribute via the
Web Site, including the User Generated Content, (e) your breach or
intellectual property or other third party rights or any applicable law
in connection with your use of the Web Site.
Disclaimer of Warranties
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND YOUR
FOLLOWING OR ADHERING TO THE ADVICE AND INFORMATION CONTAINED HEREIN IS
AT YOUR SOLE RISK INCLUDING, WITHOUT LIMITATION, RISK OF INJURY OR
DEATH, AND THAT THE WEB SITE, AND THE INFORMATION, CONTENT, ADVICE,
PROGRAMS, GOODS AND SERVICES MADE AVAILABLE THEREIN, ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN REGARD TO THE WEB SITE AND ALL CONTENT, INFORMATION AND MATERIAL THEREON AND PRODUCTS AND SERVICES MADE AVAILABLE THEREIN, DSS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, FREEDOM FROM COMPUTER VIRUS AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION AVAILABLE THROUGH THE WEB SITE SHALL BE AT YOUR SOLE RISK. DSS DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE OF A CERTAIN QUALITY, OR THAT THE WEB SITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. YOU FURTHER UNDERSTAND AND AGREE THAT THE INTERNET IS COMPOSED OF MANY PRIVATELY OWNED SYSTEMS AND NETWORKS OF TELEPHONE WIRES AND SWITCHES AND WIRELESS TECHNOLOGIES AND IS DEPENDENT FOR ITS ONGOING OPERATIONS UPON COMPUTERS AND OTHER ELECTRONIC HARDWARE THAT ARE OFTEN UNSTABLE AND SUBJECT TO MALFUNCTIONS, AND, THEREFORE, IT IS THE INHERENT NATURE OF THESE SYSTEMS AND NETWORKS, AND THE INTERNET TO EXPERIENCE SYSTEMS AND HARDWARE FAILURES, PACKET LOSSES AND DOWNTIME. ACCORDINGLY, YOU HEREBY RELEASE AND FOREVER DISCHARGE MYPYPELINE FROM ANY AND ALL COSTS, LOSSES, LIABILITY OR DAMAGES RESULTING FROM DOWNTIME CAUSED BY ANY OF THE FAILURES DESCRIBED OR REFERRED TO ABOVE.
Limitation of Liability
THE MAXIMUM EXTENT PERMISSIBLE BY LAW, DSS, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ANY
THIRD PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, EVEN IF DSS HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEB SITE OR THE
INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS AVAILABLE
FROM OR THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY SUCH
DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY, INOPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY PERSONAL
SPECIFICALLY ACKNOWLEDGE THAT MYPYPELINE SHALL NOT BE LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL PHI’S TOTAL LIABILITY TO YOU EXCEED THE FEES PAID BY YOU, IF ANY, FOR MEMBERSHIP, SUBSCRIPTION OR A PARTICULAR PRODUCT OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Email Delivery Issues
to the large number of email providers and anti-spam software
applications, we cannot be responsible for blocked or blacklisted
mailings. In addition, configuring email software settings which may
block incoming emails are the sole responsibility of the user to adjust
in order to receive Web Site mailings.
as expressly provided in any product guarantee and return policy
provided by us, you hereby release DSS Digital Shelf Space (and its
affiliates, subsidiaries, and their respective officers, directors,
agents, and employees) from any loss, claims or damages (including
without limitation any direct, indirect, consequential, incidental,
punitive, special or exemplary damages), whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that arise from or
relate to any product you may have purchased through the Web Site.
Products Purchased from Third Party Web sites
may make certain products and services available to you through links
to third party Web sites. Before you purchase any products or services
through any such third party Web site, we urge you to carefully review
any such third party's privacy, security, return and guarantee policies.
Your correspondence or business dealings with any such third party,
including payment for and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such third party. You agree that DSS shall not be responsible or liable for any loss, claim or damages of
any sort incurred as a result of any dealings with any such third
Third-Party Web sites
We provide links to
other Web sites that may be of interest to you. We do not monitor or
investigate such Web sites and we are not responsible for the content,
functionality or practices of such Web sites. Once you link to a third
and/or editorial policy of that site. Your linking to such Web sites is
at your own risk, and DSS is not responsible or liable, directly or
indirectly, for any damages or loss caused or alleged to be caused by or
in connection with your use of or reliance on any content, goods or
services available on or through any such site.
Use or the Web Site shall be governed by and construed in accordance
with the laws of the Province of British Columbia, Canada. You shall
bring any legal action or proceeding against DSS related to the Web Site
sitting in the City of Vancouver, Province of British Columbia, Canada,
and you agree to submit to the personal and exclusive jurisdiction of
contrary to law, then such provision(s) will be construed, as nearly as
possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. DSS’ failure to exercise
constitute a waiver of such right or provision unless acknowledged and
agreed to by DSS in writing. These terms and conditions constitute the
entire agreement between you and DSS with respect to the subject
matter herein and supersede any and all prior or contemporaneous oral or
written agreements. You may not assign this agreement to any other
party and any attempt to do so is void.