These Terms of Service (“Terms”) apply to your access to and use of the websites and mobile applications provided by Walking on Water Fashion Show Inc. and where these Terms are posted (collectively, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not access or use our Service.

Please refer to our Privacy Statement Privacy Policy for information about how we collect, use and share information about you when you attend Walking on Water Fashion Show events (“WOW”), access or use the WOW Service or otherwise interact with us in connection with WOW.

If you have any questions about these Terms, our Service or our events,
please contact us at carl@wowwalkingonwater.com

1. ELIGIBILITY

You must be at least 18 years of age to access or use our Service. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2. USER CONTENT

Our Service may allow you to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Walking on Water Fashion Show Inc.

You grant Walking on Water Fashion Show Inc. a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) will be visible to the public.

3. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another user’s account without authorization from that user and Walking on Water Fashion Show Inc.;
• Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
• Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
• Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from
  our Service;
• or Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose Walking on Water Fashion Show Inc. or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

4.  FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Walking on Water Fashion Show or our Service or events (collectively, “Feedback”) is non-confidential and will become the sole property of Walking on Water Fashion Show Inc.  We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5.  PROMOTION

Any and all offers or promotions advertised on this Service are void where prohibited and are subject to the posting of any official rules to such offers or promotions.

6.  NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS

When you attend WOW, you enter an area where photography and audio and video recordings may occur.  By entering WOW premises, you consent to such photography and audio and video recording and you release WOW for any liability
connected therewith. You acknowledge that you have no expectation of privacy while on WOW premises.

7.  COPYRIGHT COMPLAINTS

We have a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes any copyright that you own or control, you may notify WOW.

8.  INDEMNIFCIATON

You will indemnify, defend, and hold harmless WOW and each of our respective officers, directors, agents, partners and employees (individually and collectively, the​ “WOW Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and WOW or the other WOW Parties.

9.  DISCLAIMERS

We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.

10.  LIMITATION OF LIABILITY

WOW and the other WOW Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if WOW or the other WOW Parties have been advised of the possibility of such damages.

The total liability of WOW and the other WOW Parties for any claim arising out of or relating to these Terms or our Service, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of WOW or the other WOW Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11.  TRANSFER AND PROCESSING OF DATA

By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to Canada and other countries, where you may not have the same rights and protections as you do under local law.

12.  DISTRIBUTE RESOLUTION; ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with WOW and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or WOW seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or WOW seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and WOW waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in the Ontario, Canada.

13. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.

14. TERMINATION

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.

15. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

16. MISCELANEOUS

These Terms constitute the entire agreement between you and WOW relating to your access to and use of our Service. The failure of WOW to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

LAST UPDATED October 26, 2020