(a) “Feis Keeper,” “us,” and “we” all refer to Feis Keeper, LLC, as the owner of the Web Site and Services.
(b) “Account User” includes you and any person authorized by you to access our Services through your registered account.
(c) “Services” includes all content disseminated by Feis Keeper, including dissemination by e-mail and through our Web site, including any additional subscription services.
(d) “Terms and Conditions” and “Terms” refer to all provisions herein.
(e) “Web site” refers to all Internet domains owned by Feis Keeper.
(f) “Content” refers to information of any kind and by any form (including opinion, advice, graphical depiction, and other material) and made by any person (including Users and third parties).
(g) “Parent” includes any parent by blood or adoption, and any legal guardian.
(h) “Dancer” refers to any child enrolled in a participating Irish dance school.
(i) “Dance Instructor” refers to any owner, officer, employee, or agent of the Irish dance school that the Parent or Child is affiliated with who is responsible for registering members of the school with Feis Keeper.
(j) “Personal Data” refers to any information collected from the User including personally identifying information, such as first name and last name, date of birth, address, telephone number, email address, dance school affiliation, and dance skill level.
(k) “Competitions” refers to any Irish dance events, the members thereof who use in any way our Services or information derived from Services.
(a) ACCOUNT OWNERS — IN GENERAL. An “Account Owner” is the person who created a User Account on our Site and may be a Parent, Dance Instructor, or Dancers thirteen (13) years of age or older. Persons less than thirteen (13) years of age cannot create a User Account on our site. This is verified via the new account creation page requiring the new user to enter their birth date.
(a) Dance Instructor represents and warrants that any e-mail address supplied by the Dance Instructor to Feis Keeper for
purposes of obtaining consent (or notice) from the Parent is only obtained by the Dance Instructor directly from the Parent.
(a) The Parent is responsible for all persons who are authorized to use the User Account, including the dancer.
All Parents stipulate, acknowledge, and agree that Feis Keeper has no control over, or ability to monitor, the use of a Parent’s User Account.
We are not responsible if the Parent allows the dancer to register for Competitions without the knowledge or consent of the Parent. Moreover, in
cases of separated or divorced families, we are not responsible if a Parent registers a dancer, or permits the dancer to register, for Competitions
without the knowledge or consent of the dancer’s other Parent.
Feis Keeper reserves the right to modify or change the Terms and Conditions at any time and in its sole discretion. The most recent version of the Terms and Conditions supersedes all prior versions and may be found on our Web site.
As of now, and with the exception of charges to organizations running competitions on our Site, Feis Keeper does not charge its Users any fees or charges in accordance with its Services. However, Feis Keeper reserves the right to institute and modify the prices and charges for its Services, at any time in its sole discretion, if notice by e-mail is first submitted to Account Owners 30-days in advance and providing Account Owners with instructions if they desire to cancel their account. You further agree that the amount charged monthly may vary by User Account due to the number of dancers on the account, applicability of certain sales tax, promotional offers, or changes in subscription plans.
Your use of and reliance on any content transmitted through our Services is entirely at your own risk and for which we are not liable. It is your own responsibility to determine whether your reliance on any such content is appropriate for you or for your children.
(a) IN GENERAL. Except as otherwise required by law, under no circumstance will Feis Keeper be liable for any loss (or damage) as provided in this Paragraph.
(b) ALL CONTENT “AS IS” AND WITHOUT WARRANTY OF MERCHANTABILITY. All content disseminated by our Services is provided “AS IS” and without warranties of any kind (express or implied). Because we do not manufacture or sell any products and services, we specifically disclaim any warranties of MERCHANTABILITY and fitness for a particular purpose, title, non-infringement, security and accuracy.
(c) NO WARRANTY ON CURRENCY OR COMPLETENESS OF CONTENT. Feis Keeper does not warrant or represent that the content disseminated by our Services is up-to-date or complete. Feis Keeper is under no obligation to update content, even though Feis Keeper may improve (or change) such content at any time and without notice. User specifically waives any theory (in contract or tort) of negligent compilation of content (whether by action or omission).
(d) NO WARRANTY AGAINST INTERRUPTION OF SERVICES. Feis Keeper cannot and does not guarantee continuous and uninterrupted Services and secure access to our Web site.
(e) NO LIABILITY FOR USER-GENERATED CONTENT. Feis Keeper does not endorse and is not responsible for the accuracy (or reliability) of content submitted by Users. Furthermore, Users are personally liable for any material made by them found to be defamatory.
You agree that Feis Keeper (and its respective officers, directors, employees, and agents) will not be liable for consequential damages (including lost profits or lost opportunity) arising out of (or in connection with) the dissemination of content or the delay of (or inability to use) our Services, even if Feis Keeper is made aware of the possibility of such damages.
(a) IN GENERAL. It is your obligation to use ordinary prudence to maintain and control the security over your User Account (including the security of your username and password). You are exclusively responsible for all activities that occur in connection with your user name and password.
(b) INDEMNITY. You agree to immediately notify Feis Keeper of any unauthorized uses of your user name and password or any other breaches of security. It is your responsibility to inform us should you believe you are the victim of identity theft or other unauthorized access to your account. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft.
(c) LIMITATIONS ON LIABILITY. Feis Keeper will not be liable for any loss (or damages of any kind) and under any legal theory, where (1) caused by your failure to comply with the foregoing, or (2) caused by any person to whom you grant access to your account, or (3) caused by hackers or computer viruses (including worms and malware) and beyond the reasonable control and ordinary care of Feis Keeper.
(a) IN GENERAL. Your behavior under this Paragraph may result in the termination of your User Account with Feis Keeper.
(b) IMPROPER DISTRIBUTION OF CONTENT. The content transmitted by our Services is only for your personal, non-commercial use and may not be distributed to others. For purposes of this Paragraph, “distributed” means printing, modifying, copying, transmitting electronically, displaying, selling, licensing, or creating derivative works from such content, or using such content for commercial purposes; but “distributed” does not include orally reciting such content to others.
(c) INACCURATE OR OUTDATED PERSONAL DATA. You must ensure that all personal information provided to us is up-to-date and accurate. Failure to update and correct inaccurate (or outdated) Personal Data will result in the immediate termination of Services. You may find the specific details regarding your subscription with Feis Keeper by signing into your account. You agree that if you share, post, disclose, or otherwise disseminate Personal Data to sources other than us, we shall have no liability relating to your dissemination of that Personal Data.
(d) INFRINGEMENT OF INTELLECTUAL PROPERTY. The trademarks, logos, and service marks (“Marks”) disseminated through our Services (or otherwise displayed on our Web site) are the property either of Feis Keeper or of other parties. You are prohibited from using any Marks for any purpose (including metatags on other pages or sites on the World Wide Web) and without the written permission of Feis Keeper or such other party that may own the Marks.
(e) OTHER ILLEGAL AND HARMFUL PURPOSES. Your use of our Web site and Services cannot be used for any other illegal or harmful purpose, or other uses that cause (or likely will cause) harm to the business reputation of Feis Keeper as determined by us and in our sole discretion.
Feis Keeper respects the intellectual property rights of others. If you believe that the content disseminated through our Services (or displayed on our Web site) are infringing upon another’s copyright, trademark, or other intellectual property rights, then you may send a written notice to firstname.lastname@example.org and addressed, “Attn: Administrator.”
While we encourage you to provide feedback, comments, and questions, it is possible that we may not be able to respond to each one. You are responsible for messages, materials, and the content of all submissions and it is your responsibility to ensure any said message is accurate, reliable, original and does not infringe upon the intellectual property rights of others. Further, Feis Keeper shall own all rights and interest in any material sent to us.
Subscription with Feis Keeper is ongoing and continues until you cancel your subscription or it is terminated by us.
You have the right to cancel your subscription at any time and for any reason, and such cancellation will be effective immediately. You can contact us to request cancellation of your account at email@example.com.
Our Terms and Conditions are not intended to create an agency relationship, joint venture, or partnership for any purpose. Our Users are customers only.
If any provision in our Terms and Services are deemed invalid or unenforceable, then the offending provision may be judicially stricken without affecting the validity and enforceability of other provisions.
Our Terms and Conditions are governed by the laws of Delaware and of the United States of America, and without regard to conflicts of law principles.
It is agreed that state courts situated in, or having proper jurisdiction over New Castle County, New Castle, Delaware are the exclusive judicial forums for any disputes and actions concerning our Terms and Conditions, unless Feis Keeper consents to a different forum in a writing other than a pleading or motion.
For purposes of our Terms and Conditions only, you agree to submit to the personal jurisdiction of courts situated in Delaware and hereby waive the defense of lack of personal jurisdiction.
The prevailing party of any such dispute or action (whether it is the User or Feis Keeper) is entitled to recover reasonable attorney’s fees and court costs. You further agree to waive any right to seek class action certification.