Terms of Use
This website is owned and operated by Waltzing the Dragon Inc. (“WDI”). Access and use of this website is provided by WDI to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
WDI may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.
Copyright Policy
Intellectual Property
All materials (including the organization and presentation of such material) on this website (the “Materials”) are the property of WDI 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. All rights not expressly granted under these Terms of Use are retained by WDI.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. Unless specifically authorized to do so by WDI, you may not: (a) modify the Materials or use them for any public display, performance, sale, rental, or for any commercial purpose except as authorized by WDI; (b) copy, reproduce, distribute, download or record the Materials for any commercial use; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) copy, publish or post any of the Materials on a computer network or any type of media; and (f) create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with WDI, any other use of these Materials without WDI’s written permission is prohibited.
Privacy Policy
Newsletter Subscription
WALTZING THE DRAGON WILL NOT SELL OR OTHERWISE SHARE YOUR PERSONAL INFORMATION, INCLUDING YOUR NAME, EMAIL ADDRESS, OR LOCATION, WITH ANY OTHER PERSON OR ORGANIZATION.
Personal Information is used exclusively for distributing electronic communications to which you have subscribed.
You acknowledge that transmissions to and from our site are not confidential and that your communications may be read or intercepted by others. WDI shall not be responsible for the payment of any amounts to any party in connection with WDI’s use of communications submitted by you to our sites. Do not submit information to our site that is confidential or proprietary. You agree with respect to any information provided by you to us through this website or via e-mail that:
- WDI has no obligation concerning such information;
- the information is non-confidential;
- WDI may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.
Limit of Liability
Currency of Website
WDI updates the information on this website periodically. However, WDI cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. WDI may revise, supplement or delete information, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
Links
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that WDI monitors or endorses these websites. WDI does not accept any responsibility for such websites. WDI 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 websites or linked resources.
WDI is not responsible for hypertext links to any and all third-party websites, particularly for such websites’ content or privacy policies. WDI is not responsible for hypertext links from any and all third-party websites to the website, and forbids anyone from establishing such a link without WDI’s prior written authorization.
By placing a link on your website to the website, you agree to promptly remove such link at WDI’s request. You may not use the WDI logo, or any other graphic or trademark at any time for any purposes or to link to WDI, unless authorized by WDI.
Password-Protected Access
There are parts of the WDI website that may be accessed by password only. Access to and use of any password-protected areas is restricted only to users who have been authorized as such by WDI. This use is subject to any terms and conditions posted on the secure, password-protected areas of the website. Your password is for your own use and is not to be given to any other person or entity to use. You are responsible for maintaining the confidentiality of your password and you agree to notify WDI immediately if the confidentiality of your password is compromised or breached. Any misuse of the password will result in immediate removal of the password holder’s rights to access the website, along with possible criminal prosecution.
Third-Party Content
The WDI website may include discussion forums, blogs and interactive areas (the “Interactive Functions”). By using the Interactive Functions, you agree to not perform the following:
- upload to, distribute or otherwise publish through this site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- upload or transmit any Content that would constitute or encourage a criminal offense, or violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national, or international law;
- upload or transmit any Content that may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam, without WDI’s prior written permission;
- disguise the origin of any communication transmitted on, to or through our site;
- violate any applicable local, provincial, national, or international law.
WDI will not be responsible for and assumes no liability for any content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Functions, if any, WDI is not liable for any statements, representations, or content provided by its users.
Monitoring, Editing and Disclosure of Communications
WDI has the right, but not the obligation, to monitor any activity and content associated with Interactive Functions. WDI may investigate any suspected or reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. WDI maintains the right to remove, screen or edit any Content.
WDI maintains the right at all times to edit, disclose, refuse to post, request removal of, or remove any communication as may be necessary to comply with any law, regulation or government or agency request or if, in WDI’s sole discretion, such communication is objectionable or in violation of these Terms of Use. To protect WDI’s systems and customers, to ensure the integrity and operation of WDI’s business and systems, and to cooperate with legitimate governmental requests, subpoenas or court orders, if required, WDI may access and disclose any information it considers necessary or appropriate, including, without limitation, posted content, user profile information (e.g., name, e-mail address), IP address and traffic information, and usage history.
WDI’s Rights to Materials Provided by Users
WDI is pleased to receive your comments regarding our website. However, any or all material and information provided by you to us through our website may be included in a database owned by WDI and its subsidiaries and affiliates in which we have rights and interest, including, but not limited to, a compilation copyright. We maintain the right to use any information or materials you provide to us or that we obtain through your use of the sites to the fullest extent permitted by law.
You grant to WDI a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any communications that you post on our sites, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by WDI of any material or idea submitted by you in any communications, or receive any compensation for such use. You waive all rights to any claim against WDI for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications. You agree and understand that WDI is under no obligation to use any material or ideas submitted by you in any communications in any way whatsoever.
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 website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.
WDI 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 website or your downloading of any of the Materials from this website. WDI recommends that you install appropriate anti-virus or other protective software.
Website and Materials Provided “As Is”
THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” 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. WDI DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL WDI OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING 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 WEBSITE, 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 ANY EVENT, WDI’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
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.
Indemnification
You agree to indemnify and hold harmless WDI from any claim, action, demand, loss, or damages (including legal fees) made or incurred by any other person or entity arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of any rights of another person or entity. You agree that you shall be solely liable for the Content of any messages or other information that you upload or transmit to this site, including the discussion forums, blogs or interactive areas of the site.
Termination of the License to Use this Site
Violation of these terms and conditions automatically results in the termination of your license to use the WDI website and to use any materials that you have obtained from the WDI website. Upon termination of your license, any materials that you have obtained from the WDI website must be immediately destroyed.
Applicable law
This website is controlled, operated and administered by WDI from within the Province of Alberta, Canada. This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
General
WDI’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.