THIS MOBILE APP IS OWNED AND OPERATED BY CHEER DISTRICT CORP.
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.
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.
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.
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.
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.
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.
Unless we expressly consent otherwise, this Mobile App and the Services are only for personal use (and not for commercial purposes).
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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
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.
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):
Notification pursuant to the DMCA should be submitted to:Brianne Hanson
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.
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.
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.